Thursday, May 31, 2012

DOMA Unconstitutional

If you know and respect the US Constitution, then of course DOMA is unconstitutional.
Saw this news item earlier today:
An appeals court ruled Thursday that the heart of a law that denies a host of federal benefits to gay married couples is unconstitutional.

The 1st U.S. Circuit Court of Appeals in Boston said the Defense of Marriage Act, which defines marriage as a union between a man and a woman, discriminates against married same-sex couples by denying them federal benefits.

The law was passed in 1996 at a time when it appeared Hawaii would legalize gay marriage. Since then, many states have instituted their own bans on gay marriage, while eight states have approved it, led by Massachusetts in 2004.

The appeals court agreed with a lower court judge who ruled in 2010 that the law is unconstitutional because it interferes with the right of a state to define marriage and denies married gay couples federal benefits given to heterosexual married couples, including the ability to file joint tax returns.
Yes, arbitrarily denying federal benefits to some married couples and not others is unconstitutional and immoral.

Eventually, all US states will either come to recognize "gay marriage" (and it will just be "marriage") or they will be forced to. I hope for the former but I'm comfortable with the latter.

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