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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
TC
November 04, 2013 at 12:08 pm

Why is the government in the religion business?
Marriage ceremony is a ritual from religion.
So lawyer a contract from the government for couples without taking over religion.
The government uses its fairness authority to consume what makes it good.

Horatio Hornblatt
October 29, 2013 at 11:02 pm

And the majority of the population are once again repulsed and disgusted with the insurgent custodial care of the system of laws in out once great nation.

PvERY dISTURBED BY THE scrotum
October 28, 2013 at 11:38 pm

tHEY ARE TOTALLY LEAVING OUT THE TRADITIONAL USE OF MARRIAGE WHICH IS THOUSANDS OF YEARS OLD, BEFORE MOST LAWS. i WOULD SAY THEYA RE DOING A PISS POOR JOB OF BEING INTELLECTUAL AND I SAY WE DON'T NEED THE SUPREME SCROTUM TO MAKE OUR DECISIONS FOR US. IT DOESN'T HAVE ANYTHING TO DO WITH LOVE. lOVE WOULD BE ADMITTING THE USE OF MAARRIAGE IN IT'S RIGHTFUL USE AND TELLING THE GAYS THAT GAY LOVE IS NOT LOVE BUT SEX, WHCIH IT IS. GAY SEX OUTLAWED FOR EAONS. WE SHALL NOT ACCEPT THIS, SCROTUM.

timsmom
October 24, 2013 at 3:34 pm

Oh for heavens sake people, get a grip. Jesus preached love, simply love. This prejudice seems contrary to the evangelical upbringing I had, which said the Bible taught acceptance of everyone.

This blending of the laws of the land with your personal religious beliefs is the very thing our founders fought against. They and their parents and grandparents remembered the "Dark Ages" when the Catholic church ran everything and made anyone who had differing beliefs lives' hell. So they specifically wrote to prohibit blending of church and state in this country.

The real danger to this country is an uneducated populace who garners information from the likes of Fox and the Koch brothers. The USA recently tested near the bottom in critcal thinking, intellect. world affairs, math and many other topics in a worldwide survey. Until we have a healthy and educated population who are not relying on hate mongers, false history and prejudice, we are surely all battling uphill for a healthy country.

Walt Doyle
October 24, 2013 at 11:57 am

Marrying your goat will be coming soon to a state near you. NAMBLA or whatever, bigamy, poligamy, ect.

Once you cross this barrier, there is no way to stop the rest. The only argument now is that it is wrong, based on thousands of years of moral and Biblical teaching. Once you defeat the moral or Biblical teaching then you have no basis for further arguement and you end up going to lowest common denominator.

Gays in the military, and all the rest. No one is going to be willing to die, defending that, except gays. I recommend everyone start studying Chinese or Arabic soon.

Welcome to the great slide into oblivion...

Mike
October 23, 2013 at 9:00 pm

You can take your religion and keep it to yourself. Keep it out of government! Government is not a tool of the church to execute its will! STOP!

kevin
September 18, 2013 at 4:27 pm

It should follow then that people should be able to have as many spouses as they like and brothers and sisters should be able to marry. How is this any different?

Kathy
September 17, 2013 at 4:24 pm

OK, if the gays want to get 'married'....let them. We straight people who oppose this due to Biblical teaching, should consider calling OUR LIGITIMATE marriage "HOLY Matrimony". There is nothing holy about same sex marriage because it is against God's Law.

JessicaUCLA
September 13, 2013 at 2:08 pm

The fall of Rome has nothing on the US's current path!

TinaNY
September 13, 2013 at 2:06 pm

And the decline of this society continues..........

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