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Hit & Run : Reason Magazine Washington, D.C.— The Supreme Court heard oral argument today on Section 3 of the 1996 Defense of Marriage Act, which forbids the federal government from recognizing state-level same-sex marriages. Judging by what I saw in the courtroom this morning, DOMA could be in serious trouble. “The question is whether or not the Federal government, under our federalism scheme, has the authority to regulate marriage,” declared Justice Anthony Kennedy, who repeatedly suggested that he saw DOMA as an unconstitutional federal intrusion on “the essence of the State police power.” Notably, at least one member of the Court’s liberal wing appeared to share Kennedy’s worries about DOMA and federalism. “What gives the federal government the right to be concerned at all at what the definition of marriage is?” asked Justice Sonia Sotomayor.