(Federal) Appeals Court Strikes Down The Defense Of Marriage Act
Source: Business Insider
Appeals Court Strikes Down The Defense Of Marriage Act
Erin Fuchs | 7 minutes ago | 96 |
Abby Rogers/Business Insider
The U.S. Court of Appeals for the Second Circuit on Thursday struck down the Defense of Marriage Act, finding the Clinton-era law violates the right to equal protection guaranteed by the Constitution.
DOMA defines marriage as between a man and a woman and says states don't have to recognize same-sex marriage.
It has the practical effect of sometimes requiring gay couples to pay more federal taxes.
In striking the law down, the Second Circuit sided with a 83-year-old Edith Windsor who was forced to pay estate taxes after the death of her wife in 2009.
The U.S. Supreme Court is expected to take up DOMAas well as California's Proposition 8, which barred same-sex marriage in the statethis term.
Read more: http://www.businessinsider.com/second-circuit-strikes-down-doma-2012-10
Federal Appeals Court: DOMA Is Unconstitutional
http://www.buzzfeed.com/chrisgeidner/federal-appeals-court-doma-is-unconstitutional
BREAKING: Federal Appeals Court Strikes Down DOMA In Opinion By Republican-Appointed Judge
http://thinkprogress.org/justice/2012/10/18/1040901/breaking-federal-appeals-court-strikes-down-doma-in-opinion-by-republican-appointed-judge/
Raster
(20,998 posts)Ian David
(69,059 posts)irisblue
(32,980 posts)gotta be making big tony of scotus' hemorrhoids act up past bearing...
this is great
The Magistrate
(95,247 posts)Deliberations really ought not to have taken more than five minutes....
SoapBox
(18,791 posts)And Puke / Bagger heads are exploding!
XtopherXtopher
(70 posts)What does this ultimately mean at the state level? Does it prevent states from passing defense-of-marriage laws? Or is this a decision to be used in later cases as a way to fight the laws that are already there?
Major Nikon
(36,827 posts)The ruling will be instantly appealed and I'm guessing a stay will be issued to prevent the ruling from taking effect until the SCOTUS arbitrates the final decision.
Iggo
(47,558 posts)rocktivity
(44,576 posts)rocktivity
Deep13
(39,154 posts)...blah, blah, blah.
What is brimstone, anyway?
Major Nikon
(36,827 posts)Not surprisingly.
blur256
(979 posts)If not, you can read it here.
http://www.ca2.uscourts.gov/decisions/isysquery/0b489be3-6392-40ec-a536-81f487e2c5b3/1/doc/12-2335_complete_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/0b489be3-6392-40ec-a536-81f487e2c5b3/1/hilite/
I love this part here...
<snip>
...Our straightforward legal analysis sidesteps the fair
11 point that same-sex marriage is unknown to history and
12 tradition. But law (federal or state) is not concerned with
13 holy matrimony. Government deals with marriage as a civil
14 status--however fundamental--and New York has elected to
15 extend that status to same-sex couples. A state may enforce
16 and dissolve a couples marriage, but it cannot sanctify or
17 bless it. For that, the pair must go next door...
Woohoo!!!!
Major Nikon
(36,827 posts)The government considers marriage a legally enforceable contract. If you want religious connotations attached to this contract, see your local religious institution, not your government.
blur256
(979 posts)And also how it should be imo.
Auntie Bush
(17,528 posts)muriel_volestrangler
(101,321 posts)ieoeja
(9,748 posts)7 different federal cases have made that ruling. This is the 5th to make it to the US Supreme Court.
Section 2 still stands allowing states to give no Effect to a same gender marriage performed in other states. This part can only be repealed by Congress.
Tx4obama
(36,974 posts)I can only hope that one day soon everyone stops using"gay rights" and just use Human Rights. Because that's what we are talking about here - simple basic Human Rights and explicit denial of those rights to a group of people.