In court documents, the Justice Department makes
it clear the Obama administration thinks the law is discriminatory and
should be repealed. But the department said it was defending the
statute because the law is "constitutionally permissible."
The
1996 federal Defense of Marriage Act, known as DOMA, bars federal
recognition of gay unions and denies gay couples access to pensions,
health insurance and other government benefits.
The law was
passed by Congress at a time when it appeared Hawaii would become the
first state to legalize same-sex marriage. Opponents worried that other
states would be forced to recognize such marriages.
Since then,
six states have enacted laws or issued court rulings that permit
same-sex marriage, including Massachusetts, Maine, Vermont, Connecticut
and Iowa. New Hampshire's law takes effect Jan. 1, 2010.
The
Massachusetts lawsuit was brought by seven gay couples and three
widowers, all of whom were married in Massachusetts after it became the
first state in the country to legalize gay marriage in 2004. They argue
that DOMA violates the equal-protection clause of the U.S. Constitution
because it treats married gay couples differently than other married
couples.
The Justice Department, however, argues that there is no
fundamental right to marriage-based federal benefits and says Congress
is entitled to address issues of social reform on an "incremental"
basis.
"Congress is therefore permitted to provide benefits only
to those who have historically been permitted to marry, without
extending the same benefit to those only recently permitted to do so,"
the government argued in its written response to the lawsuit.
"Congress
may subsequently decide to extend federal benefits to same-sex
marriages, and this Administration believes that Congress should do so.
But its decision not to do so to this point is not irrational or
unconstitutional."
Gay & Lesbian Public Advocates &
Defenders, the legal group that filed the lawsuit, said DOMA is an
exception to a long history of the federal government deferring to
determinations by the states as to what constitutes marriage.
"We're
seeking justice for the widows and widowers who are denied death
benefits, for people who can't get on their spouse's health plan, for
parents who can't file taxes jointly and pay thousands extra each year
that they could put away for their children's education or family
emergencies," said Gary Buseck, GLAD's legal director.
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I think that what we should
I think that what we should all be considering here is EQUALITY FOR EVERYONE. Look back in history and it really wasn't that long ago when women and blacks could not vote. We changed those laws to allow everyone a voice in politics. Now it is time to change the laws again to allow ANYONE the right to marry the person that they love and want to spend the rest of their lives with. I am a heterosexual woman, but I have not problems with allowing gays and lesbians the same right to marriage that I have had. Things have changed dramatically since the bible was written and now we have to make changes that are suitable to today's changing lifestyles. To say that marriage is strictly reserved to be between a man and a woman is nothing more than prejudice. Not all men and women marry in order to procreate. Are we to say now that once a woman can no longer produce children that she should no longer be allowed to marry a man? Should everyone be tested before they are allowed to marry to make sure that they can in fact have children, and if not, not allow them to marry? Let's get real people. Bob Dylan once said in a song, "The times they are a changin'". It's time that we change society's thinking mentality to the world we now live in. I fully support same-sex marriages. And before anyone else wants to deny these unions think about something that you enjoy that could be the next thing to be banned. We live in a free country, let's keep it that way and treat everyone equally.
one man,
one man,
sure, let gays marry. let
sure, let gays marry. let children marry. if gays can be married, why cant children? hell, let groups of people marry each other. lets all get married to each other. will u all marry me?
Actually, the current concept
Actually, the current concept of marrying for love is a rather recent developement. Throughout history marriages where done for monetary/political reasons. The nobility did it for land acquisition or to seal a truce. The elite did it for the same reasons corporations merge. It used to be you didn't so much woo your future wife as much as buy her (two cows seemed to be a fair price). Also, it seems that to have "some on the side" was accepted, just not talked about. As far as children were concerned, the only one that really counted was the oldest son as that was the one who inherited whether it was land, titles or just the hodgepodge in the hut. In the grand scheme of things, marrying for love is new tradition. So, yes, part of this is "for the money". However, I can understand a person wanting the one they love to be the beneficiary. Wasn't part of a "man's duty" to provide for his spouse and family in case of a tragic event?
Vote NO
Vote NO
It's about equality, love and
It's about equality, love and fairness. Vote no on 1
It's NOT all about money a -
It's NOT all about money a - hole. It's about love. Which is why most people get married. No on one!
Of course your upset smarty,
Of course your upset smarty, because you know it's all about money. Love? Marriage is most certainly not about love...we're human, love is the perception that brought us to our mate to begin with. Sure, love lingers on throughout marriage but ask ANY married couple and they will tell you, a successful marriage is more about commitment. And I would argue that what inherently drives human desire for this commitment is the ability to raise a child that you have comitted to raise together...It's human instinct, as it is the culmination of the yin and the yang to produce only one of the two, with the hope that the one created will move forward to join one of the other, in order to foster the survival of humanity. Marriage is precisely the continuation of our human species through the life-long comittment between a human male and female. Without marriages occuring over millenia, the human society, and indeed the advanced human technology we enjoy today, would not be possible.
My grandmother married 2
My grandmother married 2 times after my grandfather died. She had already raised her family. She marred for financial reasons. It's done every day.
"Marriage is precisely
"Marriage is precisely the continuation of our human species through the life-long comittment between a human male and female. Without marriages occuring over millenia, the human society, and indeed the advanced human technology we enjoy today, would not be possible."
******
What? So, all those children that have been born out of wedlock don't count? They have no contribution to our society, science, education? And the fact that people divorce, instead of the "life-long comittment" is going to stagnate the further advancement of society and science???
On the other hand, I'm sure
On the other hand, I'm sure Gay people would be happy to pay LESS taxes. I mean, we should not ask gay people to pay federal or state taxes to support services that we deny to Gay people (like the salaries of people who maintain marriage records, adoption records, and other government services that straight people assume "just happen"). Fair is only fair!
Of course it is about the
Of course it is about the money. It always was. Just follow the money trail. It has nothing to do with really caring about gay and lesbian people. It has nothing to do with dealing with homosexuality for what it is. If it is a lifestyle choice then we don't extend benefits and rights based on someone's choice to do something different. In other words if someone wanted to marry their cow do we then make it law the cow must be covered on their medical insurance? On the flip side if it is "natural" and not a choice then maybe it is a matter for science. Why is every other abnormality be it physical or mental considered a medical problem but this isn't. I think we need to step back and ask some serious and hard questions. I know this may sound horrible to some people but if you think it over you may realize that it is probably the more compassionate route. I believe it is.
1. Being gay is not
1. Being gay is not natural. Real Americans always reject unnatural things like eyeglasses, polyester, and air conditioning.
2. Gay marriage will encourage people to be gay, in the same way that hanging around tall people will make you tall.
3. Legalizing gay marriage will open the door to all kinds of crazy behavior. People may even wish to marry their pets because a dog has legal standing and can sign a marriage contract.
4. Straight marriage has been around a long time and hasn't changed at all; women are still property, blacks still can't marry whites, and divorce is still illegal.
5. Straight marriage will be less meaningful if gay marriage were allowed; the sanctity of Britany Spears' 55-hour just-for-fun marriage would be destroyed.
6. Straight marriages are valid because they produce children. Gay couples, infertile couples, and old people shouldn't be allowed to marry because our orphanages aren't full yet, and the world needs more children.
7. Obviously gay parents will raise gay children, since straight parents only raise straight children.
8. Being gay is disgusting. Which is why lesbian porn isn't a 3.5 billion dollar a year industry.
9. Gay marriage is not supported by religion. In a theocracy like ours, the values of one religion are imposed on the entire country. That's why we have only one religion in America.
10. Children can never succeed without a male and a female role model at home. That's why we as a society expressly forbid single parents to raise children.
11. Gay marriage will change the foundation of society; we could never adapt to new social norms. Just like we haven't adapted to cars, the service-sector economy, or longer life spans.
"We're seeking justice for
"We're seeking justice for the widows and widowers who are denied death benefits, for people who can't get on their spouse's health plan, for parents who can't file taxes jointly and pay thousands extra each year that they could put away for their children's education or family emergencies," said Gary Buseck, GLAD's legal director.
So it really IS all about money...that's what I thought. All the more reason to vote YES on 1.
It's not about money but
It's not about money but about equal protection under the law as stated in the 14th amendment. My husband and I have been together for 11 years and hope to be together for the next 30 years. As the laws stand now, if I died, my estate would be taxed at 58% if I left it free and clear to my husband. He would be forced to sell our home to pay for the inheritance tax. He would be forced to sell our business to pay the taxes. If the Federal government recognized us as married, then we would be allowed to pass on our estates to each other unencumbered.
If I died, my Social Security benefits..to which I have been paying all my life, would stop and my husband would not be able to collect them....
These are the things that married couples take for granted....
No on 1
But it's ok for heterosexuals
But it's ok for heterosexuals to marry for money? Vote NO on ONE.
Right, Larry, we wouldn't
Right, Larry, we wouldn't want to do anything as foolish as give people more discretionary money that they can spend in the community, in community businesses, or sending their children to college. What poppycock!