Somin Post Cited in ABA Journal Article Regarding DOMA

Professor Ilya Somin, one of the authors of a federalism amicus brief in United States v. Windsor, takes issue with suggestions that a decision on states' rights grounds in the case could become a "constitutional trojan horse," protecting same-sex married couples in the nine states currently allowing gay marriage while depriving those in other states of the same status.

"Our federalism brief merely claims that Congress lacks the constitutional authority to enact DOMA because the law exceeds the scope of Congress' enumerated powers," Somin wrote in a post cited in an article in the ABA Journal. "That conclusion is perfectly consistent with the view that state laws banning gay marriage violate individual rights protected by the 14th Amendment."

Would a gay-rights victory on DOMA include a 'constitutional Trojan horse'? ABA Journal, April 4, 2013. By Debra Cassens Weiss.

"A law professor who supported a commerce clause attack on the health-care law, Randy Barnett of Georgetown University, is among a group of professors who signed an amicus brief backing the states’ rights argument in the DOMA case. 'DOMA falls outside Congress’s powers' because 'marriage is not commercial activity,' the brief says. It also argues that the law 'undermines the states’ sovereign authority to define, regulate and support family relationships.'”

Read the article