A New York Federal Appeals Court has ruled that the Defense of Marriage Act (DOMA) is unconstitutional. This is a huge victory for gay men and women who wish to marry or who have already been married, as marriage between members of the same sex became legal in New York last year. This is just another step forward for gay people everywhere -- and, in my mind, for straight people too. In fact, it is for anyone who cares about marriage.
Language in DOMA said that marriage only means a legal union between "one man and one woman" and that a "spouse" can only refer to a person of the opposite sex who is a husband or wife. It's this language that the court found unconstitutional. Uhh, yeah, because it tramples on the rights of men and women who just happen to want to marry a member of the same sex.
The law was first passed by Congress in 1993 and signed by then-President Bill Clinton. It denied same sex marriage on the federal level, but allowed states to make their own laws about it. Since then, six states, including New York as well as the District of Columbia, have made it legal. However, since DOMA is at the federal level, gay groups have wanted to strike it down so that couples who marry in states where it is legal won't have trouble having their status recognized in other states or when federal laws come in play. (For instance: A gay spouse legally married in one state might have trouble inheriting a federal pension or social security.)
Gay marriage is still a contentious subject -- while most polls say half of the country believes in it, the other half still doesn't. I personally believe that if a gay American has the right to pay taxes, the right to pursue happiness, and the right to fight for our country, he or she has the right to be legally wed and retain the rights that married heterosexuals have. Plus, it's just the humanistic thing to do. How can you deny love between two consenting adults? This is where those who bleat about gay marriage being the equivalent of, say, a person marrying a squirrel is just screwy. Two consenting adults will always be worlds away from anything like that and it's INSULTING as all hell to compare the two!!!
I'm also a firm believer that gay marriage sends a strong signal to the gay populace that says: You're accepted. You're human. You're normal. And the more they get that message, the less they will be inclined to deny their sexuality and enter into doomed marriages with straight people. Which happens ... all ... the ... time.
So hopefully we're now one step closer to making gay marriage legal on the federal level.
Where do you stand on gay marriage?
Image via mylocationscouts/Flickr


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Comments 18
DOMA is nothing more than religion backed persecution and discrimination. Give me a reasonable argument that is not based on any religious, spiritual or supersticious beliefs as to why same sex marriages are wrong and or threaten hetero marriages. I imagine you will have a pretty hard time coming up with any. Religious beliefs should have ZERO baring when it comes to making Constitutional Ammendments. If you would like a perfect example of why not, please google Iran, Saudi Arabia, The Taliban, Syria, etc....... You don't like gay marriage? Fine. That's your right. Your church has no obligation to hold them. Your pastor has no obligation to perform them. But gay couples should have the right to be legally wed, have that marriage recognized by ALL the states and have all the same rights/priviledges afforded to them that straight couples do.
Kelticmom - I couldn't agree with you more! My personal opinion is as long as the two people that want to get married are in love, why does it matter what their sexual orientation is? They should be given the same legal rights as all heterosexual couples have!!
Wonderful news!
But if this gets held off from the supreme court and Romney wins...you can say goodbye to DOMA being ruled unconstitutional while he's in office. He will defend it and surely try to appoint people to the court who will defend it too. Another 4 years of intolerance. Another 4 years of punishing American citizens for loving someone of the same sex. Another 4 years of spitting in the face of homosexual married service members who protect them. It's disgraceful. It's disgusting. It's pathetic.
Amen, kelticmom! I find your argument cogent, eloquent and logical.
I agree with the author and kelticmom.
Agree 1oo% withh all of the above!
Don't like asparagus, don't eat asparagus.
Don't like gay marriage, don't get gay married.
It really is that simple.
@jagamama - and if Romney is president he gets to appoint judges to the Supreme Court who will serve for as long as 30 years....A completely Right leaning court. That's scary right there.
@kelticmom - your comments are a breath of fresh air around here. I love reading your work :)
Thanks Procrasta! And might I just say that I for one love Canada and Canadians, and think you are hilarious and I really don't get why all the righty tighty commenters on here get all hot and bothered by you.
I completely agree with you kelticmom! And for the record, I am probably one of the commenters whom you assime is "righty tighty". We're not all religious nut jobs who want to deny millions of people their civil rights ;)
**assume