Showing posts with label DOMA. Show all posts
Showing posts with label DOMA. Show all posts

Friday, June 26, 2015

Hooray for the SCOTUS decision in favor of freedom, equality, and justice for ALL

We have not seen any of the claimed harm from recognizing the rights of LGBT people.  Our armed forces have not collapsed because of the repeal of Don't Ask Don't Tell.  Our country has not collapsed with same sex marriage either.

With the exception of Ben Carson, the candidates for the GOP presidential nomination have consistently shown themselves to be against freedom, INCLUDING religious freedom and against justice and equality. They show themselves to be against the rule of law, in challenging the clear provisions of the Constitution which establish the SCOTUS (right or wrong) as the arbiter of what is and is not constitutional at all levels of government.

And once again we see the use of dog whistle politics from the right, with the argument of states rights, which is the means the abusive and the oppressors rely on to violate rights, violate freedom, violate justice when it is upheld at the federal level.  States Rights mean nothing more and nothing less than the whine of those who wish to behave badly, who seek to be dickish toward others; it is the pout of those nasty bullies who were prevented from harming others.  Had the states that opposed same sex marriage not been so oppressive that they refused to recognize the marital status of people who married in other states (or countries), but instead tried to obstruct them, and to vilify them with lies about the validity and effectiveness of same sex parenting and family.

We now need the remaining legal change, the protection of ENDA, the protection of people from discrimination for their gender or sexual orientation, in hiring and employment, in housing, and in all other areas of daily public life, such as public accommodation, that should apply to everyone.

As President Obama gives the Eulogy in Charleston, South Carolina, I expect that his words will include a mention of this decision.  State Senator Rev. Clementa Pinckney was a strong advocate for same sex marriage.  His loss is a great sadness, but it is especially poignant that he was deprived of the joy of this decision being handed down as one more accomplishment for this nation in the 21st century.

Thursday, May 31, 2012

Defense of Marriage Act found Unconstitutional!

And another unexpected cause for celebration on an ordinary Thursday!


From Yahoo News / the  Lookout

Defense of Marriage Act is unconstitutional, federal appeals court rules

Family Research Council President Tony Perkins
 at a May demonstration in favor of DOMA.
(J. Scott Applewhite/A …

On Thursday, a federal appeals court in Boston ruled that the government's ban on gay marriage, called the Defense of Marriage Act (DOMA), violates the Constitution and should be struck down.

If the Supreme Court hears the case and upholds this ruling, it means that the federal Family Research Council President Tony Perkins at a May demonstration in favor of DOMA. (J. Scott Applewhite/A …government would most likely have to recognize the marriages of gay couples who were wed and reside in the six states that allow same-sex unions.

The First Circuit Court found that the federal government does not have a right to interfere in states' definition of marriage, but stopped short of arguing that gay people have a constitutionally protected right to legal marriage. The First Circuit court is the first federal appeals court to strike down the law, and the case is likely to be taken up by the Supreme Court next year.

A section of DOMA, which was passed under President Bill Clinton, says that gay married couples are ineligible for federal benefits afforded to straight married people, such as tax breaks and Social Security survivor checks. DOMA encompasses about 1,000 federal laws tangentially related to marriage and affects 100,000 couples in the country,
according to the decision. A group of gay couples in Massachusetts sued the government over the law, and the state of Massachusetts filed its own suit, saying DOMA makes its Medicaid program illegal because the state combines gay married couples' incomes in calculating eligibility. (Gay marriage is legal in Massachusetts.)

The Justice Department under President Barack Obama initially defended DOMA against this lawsuit, but last year announced that it found DOMA unconstitutional and would no longer back it. House Republicans then appointed outside attorneys to argue for the federal law.
The judges admitted that the decision rested on navigating difficult and thorny precedents. "Only the Supreme Court can finally decide this unique case," they wrote.
But in its decision, the First Circuit argued that the federal government has no interest in rejecting states' definition of marriage, and that the singling out of a minority group—gays and lesbians—was troubling.

"Many Americans believe that marriage is the union of a man and a woman, and most Americans live in states where that is the law today," the First Circuit wrote. "One virtue of federalism is that it permits this diversity of governance based on local choice, but this applies as well to the states that have chosen to legalize same-sex marriage. Under current Supreme Court authority, Congress' denial of federal benefits to same-sex couples lawfully married in Massachusetts has not been adequately supported by any permissible federal interest."
If the case makes it to the Supreme Court, all eyes will (as usual) be on Justice Anthony Kennedy, who moved to strike down laws banning anal sex in 2003 and a Colorado law that banned anti-discrimination rules that included gay people. So far, the Supreme Court has never held that sexual orientation can put people in a protected class, as it has with race and a few other things.

"I think this really does set up the issue for the Supreme Court to take this up next year," said Erwin Chemerinsky, a liberal constitutional law professor at UC Irvine.

The decision marks the latest court victory for gay rights proponents after
the Ninth Circuit Court of Appeals struck down California's ban on gay marriage in February. After North Carolina voters inserted a ban on gay marriage and civil unions into their Constitution in May, Obama announced that he personally thinks gay people should allowed to be married. But he stopped short of saying that the federal government should guarantee that right, indicating that states should decide.