Originally published 07/09/2013
Steven Mintz, professor of history at the University of Texas at Austin and the author of Domestic Revolutions: A Social History of American Family Life and Huck’s Raft: A History of American Childhood, signed the American Historical Association brief.At a time when many question the relevance of history, it is noteworthy that the U.S. Supreme Court case that prohibited the federal government from undercutting a state’s decision to extend "the recognition, dignity and protection" of marriage to same-sex couples, hinged on arguments advanced by professional historians.Rarely have historians played as important a role in shaping the outcome of a public controversy as in the same-sex marriage cases. Legal, family, women's, and lesbian and gay historians provided key evidence on which U.S. v. Windsor ultimately turned: that the Defense of Marriage Act (DOMA) represented an unprecedented and improper federal intrusion into a domain historically belonging to the states. As Justice Kennedy affirmed, "the federal government, through our history, has deferred to state law policy decisions with respect to domestic relations."
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