The Gene-Pool Party ***** Chapter 9: A Quandary of an Enigma -Murder in SF **** La Luna es Lunática *** Chapter 8: The Expansive Horizon: Murder in SF *** la ley de la frontera Chapter 7: A Parting Glance *** Murder in SF Por la Tarde The Performer -*** Murder in SF *** Chapter 6: The Restaurant *** Murder in SF Spain 2016 Diaphanous Destrucción Creativa Chapter 5: How a Dream Comes True -Murder in SF Chapter 4: Check, Mate – Murder in SF Chapter 3: A Body of Evidence -Murder in SF Obra de Arte To Die For Bird-of-Paradise My Chandelabra La Joya La LLuvia Eternal La música de las esferas It’s Not What You Think Chapter 2 – An Encounter with Destiny -or whatever her name was Mente Abierta -Open Mind San Antonio, TX Poemas Sin Sentido La Cueva Mexico -Guanajuato Mexico Pictures 2016 -my recent visit to La Ciudad Murder in SF Chapter 1 Voyager Consider Galveston, Texas, for an LGBT Friendly Vacation Galveston, Texas: An LGBT Friendly Gem Francophone Meetup Group Started San Juan Puerto Rico LGBT Travel and Honeymoon Guide Books, Bikes and a LGBT Friendly Neighbourhood Attend the Longest Running LGBT Film Festival in San Francisco The Pitfalls of Political Gerrymandering Finding Bed & Breakfasts in New Hampshire Finding Bed & Breakfast in Maine New Hampshire Pro Light Rail Website Trip to Paris I DON’T WANT MY CHICKEN BASTED WITH BIGOTRY Texas State House Race Reeks of Republicans Is the Texas State Senate Race Jogging in Place? Pete Gallego, Redistricting and Regaining a Republican District Nibbling and Cuddling at Cafes in Austin Noshing and Canoodling at Cafes in Galveston MARY GONZALEZ: SOCIAL JUSTICE ACTIVIST AND LEADER Chick-fil-a is Chock Full of Contradictions Dishing and Dating at Cafes and Frozen Yogurt Shops in Houston Life Is a Beach in Fabulous Fort Lauderdale San Francisco: City of Soul; City of Passion San Francisco: City of Soul; City of Passion As Texas Goes, By Gail Collins, Is Big Museum of Fine Arts, Houston Texas San Francisco Pride Weekend A Gay Getaway in Provincetown LANE LEWIS: THE ADVOCATE Some Like it Hot Margaret Cho Lights Up Provincetown LGBT Air Travel For Total Comfort Don’t Defend Dumb DOMA Broke Back Blanton Pride in Paris SAN FRANCISCO: Harvey Milk SAN FRANCISCO: Civil Rights C’est si bon… Paris Cooking Classes in English Oscar Wilde’s Paris Falling for California Invitation to Create -Ptown The Beauty that is Hawaii Galveston NH / New England San Francisco

Don’t Defend Dumb DOMA

About

Amateur writer, pianist, denizen of Houston and part-time GLBT activist

DOMA Continues To Crumble In The Courts

 

On May 9, 2012, President Obama made history by becoming the first U.S. president to publicly support same-sex marriage. In an interview with ABC news, he said, “I think same sex couples should be able to get married.”

 

Despite the president’s public support for same-sex marriage, it is still not recognized by federal law. However, since President Obama spoke in favor of same-sex marriage, the Defense of Marriage Act (DOMA) has been crumbling in U.S. courts.

 

DOMA, signed into federal law by President Bill Clinton in 1996, defines marriage as “only a legal union between one man and one woman as husband and wife.” Even though same-sex marriage is currently legal in several states (including New York, Massachusetts, Vermont, Connecticut, New Hampshire, Iowa, and DC), it is still not recognized at the federal level. Because of DOMA, same-sex marriages do not qualify for federal perks such as Social Security survivor benefits and insurance benefits for federal government employees. DOMA also means that same-sex spouses cannot file joint tax returns, and other states don’t have to recognize the legality of same-sex marriages. But DOMA may not be around much longer.

 

On May 31, 2012, in the federal case Gill v. Office of Personnel Management, a panel of U.S. Court of Appeals judges affirmed a previous ruling that Section 3 of DOMA violates equal protection as guaranteed by the U.S. Constitution. (Section 3 of DOMA is the portion of the law that mandates non-recognition of same-sex marriage for all federal purposes.)

 

Then, on June 5, 2012, in the case of Perry v. Brown, the Ninth Circuit denied a request to reconsider a previous decision which found California’s Proposition 8 ban on same-sex marriage to be unconstitutional. This means that the case will probably go to the Supreme Court.

 

If the case goes to the Supreme Court, a final decision would likely be issued in 2013, and the Court’s decision in this case could very well lead to DOMA’s demise. However, the Supreme Court could simply rule that Proposition 8 is unconstitutional without guaranteeing marriage equality for same-sex couples.

 

Several other cases regarding DOMA are pending, too. If public opinion is any indicator, then LGBT couples will soon be granted the same rights afforded to other couples — and those who oppose same-sex marriage will see that equal protection for LGBT couples will not weaken the family or unravel the fabric of society. As President Obama said at a recent fundraiser, “We have never gone wrong when we expanded rights and responsibilities to everybody. That doesn’t weaken families; that strengthens families.”

Leave a Reply

2016 James Legare Copyright Protected jim@jameslegare.com