Science and the Defense of Marriage Act
As many of you no doubt know, the Obama Administration announced a decision to cease defending the Defense of Marriage Act (DOMA) against legal challenges this past Wednesday. Just to be clear, this does not mean the administration will no longer enforce the law. It just means they will no longer take steps to actively defend it in court. Why not just stop enforcing it altogether? Well, just imagine what would happen if every administration could simply pick and choose which laws to enforce! Doing so would all but eliminate the legislative authority of the United States Congress.
To my mind, these developments are interesting to historians of science for at least two reasons. The first has to do with the specific legal reasoning employed in the administration’s decision. The second is about the implications this reasoning has for the role that science plays in democratic society. Let’s start at the beginning, with the law itself.
Section three of DOMA states that: “In determin…
To my mind, these developments are interesting to historians of science for at least two reasons. The first has to do with the specific legal reasoning employed in the administration’s decision. The second is about the implications this reasoning has for the role that science plays in democratic society. Let’s start at the beginning, with the law itself.
Section three of DOMA states that: “In determin…