Beloved Defender of the Constitution Ron Paul Just Voted Against the Constitution Again
On May 9 of 2012, the House of Representatives voted to pass the Amendment 1096 to H.R. 5326, shortly before H.R. 5326 itself passed the House. Amendment 1096, introduced by Tim Huelskamp of Kansas, forbids the President from directing the Department of Justice to oppose the Defense of Marriage Act in court. A vote for House Amendment 1096 is a vote to preserve the Defense of Marriage Act.
The problem is that the Defense of Marriage Act (DOMA) is unconstitutional. Federal courts have ruled DOMA unconstitutional. It’s unconstitutional on more than one count.
- Article IV, Section 1 of the Constitution mandates that “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.” But under DOMA, this clause is directly contradicted, declaring that “No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State…”. This gives same-sex marriages and different-sex marriages are given separate and unequal status. The marriages of different-sex couples must be recognized at the federal level in all 50 states, no matter in what state they were married. The marriages of same-sex couples are denied that recognition. That brings us to…
- The 14th Amendment to the Constitution has an equal protection clause making it unconstitutional for any state to “deny to any person within its jurisdiction the equal protection of the laws.” Under DOMA, Indiana is required to acknowledge the marriage of straight couples in Massachusetts, but is allowed to reject the validity the marriage of same-sex couples in Massachusetts. That is unequal protection under law. I’m not just saying that. Federal Judge Jeffrey White made that ruling in February of this year.
People talk about how much Ron Paul loves the Constitution and supports the Constitution and defends the Constitution. But in supporting the Defense of Marriage Act over and over again, in forbidding the Justice Department to take a stance against the Act, Ron Paul subverts the very same Constitution that he frequently waves in the air and claims to value so deeply.
Mr. Constitution, my foot.