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Sunday, September 25, 2016

On Thursday, a federal appeals court in Manhattan ruled that the 1996 Defense of Marriage Act is unconstitutional. The law defines marriage as only between a man and woman, denying same-sex unions many of the benefits heterosexual married couples enjoy.

Chief Judge Dennis Jacobs—a severely conservative, Republican-appointed judge—wrote the opinion, which stated that the government must have an “exceedingly persuasive” justification to discriminate against a minority group such as gays and lesbians, and thus the law violates the equal protection clause of the Constitution.

Earlier this year a federal court in Boston also struck down the law, setting the stage for a decision on the Act by the Supreme Court in the near future.

The case was filed by Edie Windsor, who was forced to pay $377,000 in estate taxes when her wife of 40 years died. Married heterosexual couples do not have to pay estate taxes on money inherited from a spouse.

“Today, we’re one step closer to striking down the Defense of Marriage Act,” said New York City Council Speaker Christine C. Quinn, who recently married her longtime girlfriend. “This morning’s ruling by the Second District Court affirms what those on the side of justice and equality have always known, that DOMA is an indefensible assault on our civil liberties.”

On November 6, Maryland may be the first state to approve same-sex marriage through a ballot proposal.

Photo credit: AP Photo

 

 

  • elw

    Good news, it is a dumb act.

  • The defense of discrimination act should never have been passed in the first place. Either the country believes in its founding priciples of freedom and equality or it doesn’t. You can’t have if both way.

  • nobsartist

    the John Birch Society and the republiCON party feel that it is their right to discriminate against anyone that is not a member and also those that are that they deem to be “less”.

    • dentalmagic

      Apparently Slick Willie is a member of the republiCON party also…….ah what a wonderful president.

      • Bill dropped the ball on that one. There’s no mistaking it.

        I always figured it was a somewhat cynical way of throwing the slavering right wing a bone.

        • dtgraham

          I’m definitely in favour of gay marriage but I can reluctantly forgive the big dog on that one. However, signing off on the finishing touches of full financial and banking deregulation to please his little buddies Robert Rubin, Larry Sommers, and Alan Greenspan is a tad more difficult.

  • nobsartist

    republiCONs do not believe in-

    “Life, Liberty and the Pursuit of Happiness.”

    They believe that once you are born you should fend for yourself or go to prison,

    They believe in Liberty but only on their terms and their terms are different based on who you are,

    They believe that if you Pursue Happiness, you should be thrown in jail with some exceptions based on alcohol and weather or not you get caught. Then they are the first to hire attorneys.

    republiCONs are closer to Adolph Hitler than America.

  • lana ward

    Obama wants to get rid of traditional marriage. Strange isn’t it? His and Michelle’s marriage is a cover for the fact that he is queer. The “Down Low Club” at Rev. Wright’s “church”?

    • dtgraham

      Well, if he’s banning hetero marriage and you can only get gay married, I guess that puts a little different spin on things for sure.

      Ok that was snark. You’re on the wrong side of history here lana. There are already 9 states and jurisdictions in the U.S. that perform gay marriage and there are plenty more blue states that are open to it. Jon Stewart recently predicted that full marriage equality, throughout the union, would be legally recognized within a decade and I don’t disagree. You can see it coming. DOMA seems inconsistent with the civil liberties and freedoms and rights of the United States constitution.

      Anyway, 11 countries throughout the world now legally recognize gay marriage from what started as only a couple not many years ago. There are more coming aboard all the time and they are as diverse as South Africa and Argentina.

      After marriage equality goes national you’ll never notice the difference lana. I live in one of those countries and I honestly can’t think of one thing that’s changed from before. Heterosexuals still get married in the same numbers and I haven’t heard of any change in the divorce rates. Churches don’t seem to have shut down either.

      • lana ward

        Obama is planning to announce he has cut a deal with Iran over nukes to up his re election chances. At the site—WND—

        • dtgraham

          Interesting article. Iranian officials sound like they’re verifying everything Obama said in that first debate vis-a-vis the crippling effect sanctions are having on their currency, economy, and banks. Getting them to stop the weapons enrichment in return for lifting of sanctions is the whole point isn’t it?

          The only thing is, that it does seem sneaky and underhanded to get the Mullahs to agree to this just prior to November 6th to help Obama. I can understand that must have your butt pretty frosted. That’s in the tradition of the October surprise. I’ll always believe that George H.W. Bush flew to Paris in 1980 and talked the Iranians into keeping those hostages until after the election in return for favours. That story won’t go away and it makes sense.

          Other than the timing, what do you think of this deal?

          • lana ward

            Obama is a traitor. If he is re-elected, he’s going to let Iran do as they please. He hates America, that’s why everything is getting worse instead of better here. PAT DOLLARD is another site to find information on Obama that the MSM won’t tell us. PRAY, PRAY, PRAY for OUR AMERICA. We won’t recognize it if Obama is re elected