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DOMA struck down by Supreme Court

By Claes Bell · Bankrate.com
Wednesday, June 26, 2013
Posted: 11 am ET

In a victory for same-sex couples, the Supreme Court Wednesday voted 5-4 to strike down Section 3 of the Defense of Marriage Act, which had defined marriage as only between a man and a woman for the purposes of federal law.

That law had major financial implications for same-sex couples, who were prohibited from filing joint federal tax returns, receiving a deceased partner's Social Security benefits, or, in the case of federal employees, receiving partner employee benefits.

In the majority opinion, the justices cited the Fifth Amendment's equal protection clause as the reason for the decision.

"DOMA is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment," Justice Anthony Kennedy wrote. "By seeking to injure the very class New York seeks to protect, DOMA violates basic due process and equal protection principles applicable to the Federal Government."

 

 

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19 Comments
William
January 02, 2014 at 12:18 pm

For my cousin & all other gays, I say a hearty IT'S ABOUT TIME!!

Uncommon Sense
January 01, 2014 at 8:09 pm

I see a lot of talk about "majority" votes. The constitution does not say that we have the right to grant rights based on what the majority vote at the time is. It grants them to EVERYEONE (directed to David). The other interesting thing is the comments about why benefits were set up. You are totally off base. They were set up because women were not allowed to vote, had a very difficult time getting employment and when they did they were paid at a much lower rate then their male counterparts. As for the comments about not filling taxes jointly, why should ANYONE have to pay more for being single? I have never understood that one. I am straight, I was married and I have three adult kids so don't think I am gay, transgender, or female and trying to further something to benefit myself. Also you are way off base about gays having a psychological disorder. No I don't agree with being gay as a straight male, but I do believe that the constitution grants two grown adults to do that if that is their preference, and it protects them from being discriminated against for making that choice.

Sam
November 14, 2013 at 3:23 pm

Next step is equal protection for pedophiles! No different than than gays! Both have psychological problems, so when are they going to start giving pedophiles the same protections!

rick
November 09, 2013 at 6:32 pm

I think queers should have equal rights. I love sending my children to school as they are teaching them to love queers and transgenders.

Dave
November 06, 2013 at 8:59 pm

If The majority ruled, Interacial marriage would not be allowed. Women would not me allowed to vote. Wives would be kept bare foot and pregnant. This is a reply to annoyed above.

Common Sense
November 06, 2013 at 1:27 pm

This is really about people with a psychological disorder who not only are demanding others to respect their choices (despite they and their supporters have little respect for those with differing opinions) but getting benefits they have no real need for nor have they earned. Benefits for opposite-sex couples were created decades ago to promote NATURAL families. This was done because having and raising children properly is not only time-consuming and expensive, but is also critical for the well-being of ALL aspects of our society. This also applies for people just married getting prepared to have children and the extended families like grandparents. Liberals keep saying they are "for the children" but when they work to water down these programs and benefits set up specifically "for the children" in order to help other groups like "same-sex spouses", where children have no direct link to their existence, they obviously are not "for the children". This is not a "prejudice" issue but a General Welfare issue. Because "same-sex spouses" do not promote the general welfare (or other requirement of the Constitution), the government has absolutely no authority telling anyone else (especially those states which have laws that do not recognize "same-sex marriages") that they must give out these specialized benefits to that group.

Peter Danen
November 06, 2013 at 11:23 am

How can someone compare marrying the person you love with having sex with animals????? The evangelical right (wrong) speaking for the great invisible man in the sky; turns out he is gay, by the way.... Threats of civil war over the majority of us intelligent enough to reject 2000 year old scare tactics. Look at what's happening to our "great country", a place where respecting others and where those who lie, steal and enslave our rewarded. Where 300 hundred of the richest control over 90% of the wealth. What is the purpose of voting when everything is decided for us in advance? Keep your "god" away from my children and your hate and intolerence is borderline treason. Have we forgotten ethics and morality? The fear mongering and theocratic dictating must end if we are ever to have peace at home; let alone in the rest of the world.

David
November 05, 2013 at 9:45 pm

It is a very sad time in the history of our country.....the Majority really does not matter any more, just the special interest. When the special interest and progressives come close to removing God from our country? When will the Majority stand and say that's enough......will it take a Civil War......how would that happen with Progressive Liberals...they will not fight for the Freedoms the rest of us have fought for. All they want is for the rest of us to keep carrying them.... Stand up Americans, now is the time to fight for the majority's rights, now is the time to say enough spending without accountability, now is the time to stand for GOD and COUNTRY, our country, our home, our Freedom. Let us not lose our rights to progressive liberal special interest....it is TIME...STAND UP.

Annoyed
November 04, 2013 at 3:21 pm

I can't stand you liberal pugs, Marrage has always been between man and woman until early 1900's then marrage licence was invented. Marrage became marrage between man, woman and government. With this union gov't can now parent your children. With this new perveresion of gay marrage, who is going to provide correct moral teachings? gays? gov't? liberal pugs?

What's next, multiple marrages? goat? horse? dog? I know you liberals enjoys sodomy with animals. So, coming soon marrage with goats. Don't forget you must send your kids to school (gov't law) and we who are apose must pay the bill.

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