Defense of Marriage Act Challenged on First Amendment Grounds

Free Thought Activist, Charles Merrill has filed papers with the U.S. Tax Court, defending his decision to refuse to pay federal taxes due to his objection to the Defense of Marriage Act (DOMA). Merril argues that DOMA violates the Establishment Clause.

Merrill, a life member of the Freedom From Religion Foundation, claims:

DOMA is in violation of the Establishment Clause under any of the three tests the Supreme Court has created: first, under the lemon test. DOMA was motivated by a religious purpose, and its effect has been to unconstitutionally establish religion. Next, under the endorsement test, DOMA’s purpose and effect were both the endorsement of one religious view to the exclusion of all others. Finally, under the coercion test, DOMA unconstitutionally compels the acceptance of a specific religious belief.

While I whole-heartedly agree with Merrill, and I’m rooting for him, I’m not betting any money on him.