Petard hoisting

Judge rules Defense of Marriage Act unconstitutional on 10th Amendment grounds:

A federal judge in Massachusetts found Thursday that a law barring the federal government from recognizing same-sex marriage is unconstitutional, ruling that gay and lesbian couples deserve the same federal benefits as heterosexual couples...

In the Coakley case, the judge held that that federal restrictions on funding for states that recognize same-sex marriage violates the 10th Amendment, the part of the Constitution that declares that rights not explicitly granted to the federal government, or denied to the states, belong to the states...

By citing the 10th Amendment and making what is essentially a states’ rights argument, Professor Balkin said Judge Tauro was “attempting to hoist conservatives by their own petard, by saying: ‘You like the 10th Amendment? I’ll give you the 10th Amendment! I’ll strike down DOMA!’ ”

While I'm 100 percent in favor of repealing DOMA and having all levels of the US government recognize same-sex marriages, I'm concerned about accepting an expansive interpretation of the 10th Amendment. There's much to dig in this opinion if you're a Tea Partier.