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My understanding is that DOMA is unconstitutional since it prohibits a sect of people from experiencing the rights and freedoms of other Americans in this country.
If there's valid reason as to why homosexuals can't get married other than the baseline "iT'S rEALLY rEALLY, iCKY, gUYZ!!!!!", I'd like to hear it.
Otherwise don't be surprised to see this bill eventually one day go the way of the Dodo bird.
Gay people legally married to military members do not get to live in family base housing or shop at the base commissary. Also, the military member of a legal gay marriage is not eligible for increased spousal housing allowance pay (things married heterosexual couples get). Why? Because DOMA is being enforced.
If I gay marry a foreigner here in NY and we go down to the immigration office to get him a spousal green card, he will be denied one (something a heterosexual couple gets). Why? Because DOMA is being enforced.
I can keep going if you want.
Last edited by hammertime33; 02-24-2012 at 11:02 AM..
Gay people legally married to military members do not get to live in family base housing or shop at the base commissary. Also, the military member of a legal gay marriage is not eligible for increased spousal housing allowance pay (things married heterosexual couples get). Why? Because DOMA is being enforced.
If I gay marry a foreigner here in NY and we go down to the immigration office to get him a spousal green card, he will be denied one (something a heterosexual couple gets). Why? Because DOMA is being enforced.
I can keep going if you want.
It seems that KUchief25 is confused regarding the difference between enforcing a law and defending that law in court. You're certainly right, DOMA is being enforced as the law of the land.
What the administration is doing is declining to defend against court challenges Section 3 of DOMA -- that section which defines marriage for the purposes of the federal government as between a man and a woman.
All fairly standard stuff. All administrations decline to defend certain laws they consider constitutionally dubious. And people who dislike those administrations feign outrage.
District Court Judge Joseph L. Tauro (appointed by President Nixon in 1972) ruled that Section 3 of DOMA violates the Fifth Amendment in the former case and the Tenth Amendment in the latter case.
The panel is set at Chief Judge Sandra L. Lynch (appointed by President Clinton in 1994), Judge Juan R. Torruella (appointed by President Reagan in 1994) and Judge Michael Boudin (appointed by President Bush in 1992).
The combined appeal will be heard in April 4, 2012.
Court after court is going to find the same way. There is simply no compelling public purpose that can be shown for denying rights by banning same sex marriage. None.
Court after court is going to find the same way. There is simply no compelling public purpose that can be shown for denying rights by banning same sex marriage. None.
One or both of these cases (this one, and the consolidated Massachusetts case) is likely to reach the United States Supreme Court sometime in 2013.
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