Monday, November 28, 2011

DOMA challenges federalism, could still encourgage employment discrimination; amicus brief in MA

As part of a libertarian effort to discredit government mandated benefits and regulations as a drag on the economy, the Storey Institute has written a posting about the indirect costs of DOMA (Defense of Marriage Act), here.  Employers would have to pay slightly higher salaries to employees in a same-sex marriage to overcome the higher taxes on partner health benefits (when they are exempted to opposite sex partners) which could lead to reluctance to hire employees involved in same-sex marriage in states that recognize it.

The issue here is that the federal government is not fully recognizing some state prerogatives (as defining marriage law) as was accepted under federalism. 

But even I at one time thought it was better to let states “experiment” without impinging federal law, because I thought that progress in gay marriage could occur gradually, state by state, which has in a sense happened. 

 Otherwise there might be no progress at all—the “all of nothing” or “no part credit” problem. 

Moorfield Storey’s blog post is here.

The story appeared on the listserver for GLIL (Gays and Lesbians for Individual Liberty) on Yahoo! today. 

Here’s an amicus brief for the Challenge to DOMA in the First Circuit (Commonwealth of Massachusetts v. US Dept of Health and Human Services), link .

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