Kerry: Obama Administration Correct Not to Defend DOMA

Here is an excerpt:

"I oppose this legislation because not only is it meant to divide Americans, but it is fundamentally unconstitutional, regardless of what your views are.

DOMA is unconstitutional. There is no single Member of the U.S. Senate who believes that it is within the Senate's power to strip away the word or spirit of a constitutional clause by simple statute.

DOMA would, de facto, add a section to our Constitution's full faith and credit clause, article IV, section 1, to allow the States not to recognize the legal marriage in another State. That is in direct conflict with the very specific understandings interpreted by the Supreme Court of the clause itself.

The clause states--simple words--`Full faith and credit shall be given'--not `may be given,' `shall be given'--`in each State to the public Acts, Records and judicial Proceedings of every other State.' It says:

And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

It doesn't say no effect. It doesn't say can nullify. It doesn't say can obviate or avoid. It says it has to show how you merely procedurally prove that the act spoken of has taken place, and if it has taken place, then what is the full effect of that act in giving full faith and credit to that State.

I think any schoolchild could understand that allowing States to not accept the public act of another is the exact opposite of what the Founding Fathers laid forth in the clause itself. Let me repeat:

Full faith and credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.

Now, if we intend to change it--and that is a different vote than having the constitutional process properly adhered to. But it seems to me that what Congress is doing is allowing a State to ignore another State's acts, and every law that Congress has ever passed has invoked the full faith and credit of another State's legislation. "

He'll side with the repubs on one issue and then he'll give us a win too. I wish he'd side with the liberals more often.