A victory of judicial restraint

The Washington State Supreme Court upheld the state’s Defense of Marriage Act (DOMA) today, arguing that the issue of marriage is a topic for the elected legislature to decide. What a breath of fresh air from one of the most liberal states in the union!

"While same-sex marriage may be the law at a future time, it will be because the people declare it to be, not because five members of this court have dictated it," Justice Barbara Madsen wrote in the opinion.

Heck yeah, baby. That is the essence of conservative (and constitutional) jurisprudence. As long as the legal issues surrounding tax and inheritance benefits (which is the essence of marriage as far as the state is concerned) remain in that legal realm, rather than become a civil rights issue, then regulation of marriage is safely in the jurisdiction of the individual states. No doubt a few more states will mimic the Massachusetts approach to marriage, but the overall trend in the states is a vigorous defense of the traditional view: Around 20 states have passed (or will vote on) constitutional amendments protecting marriage, and more state are in the process.

Tags: gay marriage, DOMA, supreme court, Barbara Madsen, civil rights