The expected ruling on the Defense of Marriage Act (DOMA), Wednesday, will have same-sex marriage advocates, and opponents, pinned to their computer screens Wednesday, as the Supreme court is set to rule on the 16-year-old law. As cities such as San Francisco and New York city prepare for their annual gay pride parades, this weeks ruling stands, either way, to unite the gay community.
DOMA is a United States federal law that restricts federal marriage benefits and required inter-state marriage recognition to only opposite-sex marriage in the United States. The law passed both houses of by large majorities and was signed into law by President Bill Clinton on September 21, 1996. Section 3 of DOMA codifies the non-recognition of for all federal purposes, including insurance benefits for government employees, Social Security, survivors’ benefits, immigration, and the filing of joint tax returns
But, the times have changed. DOMA and same-sex marriage opponents are outdated in workings and thought. More and more, some statistics report up to 52% of Americans approve of gay marriage. Yet, DOMA is still federal law, so it’s no surprise that same-sex marriage advocates would be perched on their seats waiting for this ruling.
The law states: “No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, posses- sion, or tribe respecting a relationship between persons of the same-sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship.”
Many have argued, mostly unsuccessfully, that marriage and legal are themselves two antagonistic words.
The law goes on to state “the word marriage means only a legal union between one man and one woman as husband and wife, and the word spouse refers only to a person of the opposite sex who is a husband or a wife.” For many, such as African-American populations in the United States, legal marriage was either not an option or not desired; yet, many African-American homes continued in the informal arrangement of common law marriage: so for those who believe one needs a legal document to be married, history tells a different story.
Many African American’s in California were blamed, incorrectly, for the passing of Proposition 8, which pushed the DOMA issue to the supreme court.
However, there are those gay people who wish to be married–and how is it the right of the state to tell them they cannot do so? What happened to the division of church and state? (This question is posed because all of the laws inner workings are based on Judeo-Christian doctrine).
The Obama administration announced in 2011 that it had determined that section 3 was unconstitutional and, though it would continue to enforce the law, it would no longer defend it in court. So, today, depending on which way the highly conservative, imprudent, biased court goes–same sex marriage advocates willed be glued to their Mac’s and PC’s awaiting the DOMA ruling.
Well have to wait and see if there is a reason to be gay this weekend as the parades roll through.
FAMOUS GAY MARRIAGES AND ENGAGEMENTS:
2.Jesse Tyler Ferguson who announced his engagement to Justin Mikita last Fall
3.Cynthia Nixon and Christine Marinoni wanted to wait until same-sex marriage was legal in New York to get married, and after having their wish granted in 2011 they married in May.
4.Michael Kors, who married his longtime partner, Lance LePere.
Source: 104th Congress of The United States , USA Today, Wikipedia, Tressugar.com