The Defense of Marriage Act is Not Prop 8, it IS Unconstitutional
Today, Wednesday, March 27, 2013, the Supreme Court will hear arguments to overturn the Defense of Marriage Act.
Signed into law by then President Bill Clinton, it firmly states that “marriage is between a man and a woman”. Politicians, businessmen, and even former President Clinton believes it should be repealed.
Whereas it is believed the Court is reluctant to act with confidence on California’s prop 8, the DOM is entirely different.
Prop 8 is an amendment to a ‘state’ constitution. The DOM is a federal amendment. I believe the Court will decide that it may not be their jurisdiction to become involved in state’s rights. Each state should be able to make their own decisions regarding civil law.
However, a federal law denying equal rights and protection to same-sex couples appears to be unconstitutional.
A practical impact of the 1996 Defense of Marriage Act means federal tax, Social Security, pension, and bankruptcy benefits, and family medical leave protections — do not apply to gay and lesbian couples.
When 83-year-old Edie Windsor’s wife died, Windsor sought a refund of federal estate taxes that is available to married couples. She was denied under DOMA which defines marriage as between one man and one woman.
Businesses claim the DOM creates discrimination in the workplace.
Forty-one states now forbid same-sex marriage, although nine of them allow civil partnerships. Nine other states allow same-sex marriage, and about 120,000 same-sex couples have gotten married, according to estimates.
Prohibitions seem to run counter to polls that show rising support overall for same-sex marriage.
Decisions are expected in June about both cases.
Columnist-The Guardian Express