Defense of Marriage Act

Tomorrow, LGBT activists around the country will be gathering in opposition to the federal Defense of Marriage Act (DOMA).  DOMA’s author, Libertarian presidential candidate Bob Barr, has recently opined that the act should be repealed.  He argues that, while DOMA was originally meant to preserve federalism and states’ rights, it “is not working out as planned.”

First of all, let me congratulate Bob Barr for having the courage to publicly change his mind and share his thoughts.  We need more politicians who are willing to do that.  The law isn’t working out.  But the question that needs to be addressed, is why?

I believe that whenever an issue is framed in terms of natural rights, compromise legislation is doomed to fail.  The Missouri Compromise on slavery was doomed to fail, as was “separate but equal” educational policy.  I love the Constitutional principle of federalism as much as anyone else, but nobody truly believes that the possession of a natural right is dependent on one’s state of residence.  Once the gay rights movement convinces enough people that there exists a natural right to marry the person of one’s choosing, DOMA-style federalism just isn’t going to cut it.