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You are aware that there is a multitude of legal consequences to being in a married state, aren't you?
And pretty much all of them require some governmental entity to determine whether a marriage exists.
Just to take one small example, how do you expect courts to determine whether a party in court is entitled to claim the spousal privilege without determining whether there is a marriage? Not easy to "Get the government out of it", is it?
The problem starts when the government starts to define marriage. A system can be set up to describe contracts, not what marriage is.
This actually represents the third Federal judge who has ruled against DOMA.
I believe DOMA will fall.
Contrary to the opinion of the previous poster, all indications are that the Supreme Court of the United States will indeed put the final nail in the coffin of DOMA by ruling the law is unconstitutional.
I agree. Congress cannot alter the US Constitution using statute law. That requires an amendment process. DOMA attempts to rewrite the Full Faith & Credit Clause of the US Constitution, and that is a no, no.
You are aware that there is a multitude of legal consequences to being in a married state, aren't you?
And pretty much all of them require some governmental entity to determine whether a marriage exists.
Just to take one small example, how do you expect courts to determine whether a party in court is entitled to claim the spousal privilege without determining whether there is a marriage? Not easy to "Get the government out of it", is it?
I'd respond, but others have already responded for me. Let me rather suggest that you open your mind to alternatives. Closed-mindedness is the antitheses of rational thought.
The only thing the state should be able to do is issue license to form a civil union, between ANY two consenting adults. A magistrate can swear the bond. ABSOLUTELY nothing more. Call it a marriage or pay a religious cleric to put that spiritual oompa into it.
The only thing the federal should be able to do is administrate collective recognition among the 57 states of that legal agreement.
Little by little, the Defense Of Marriage Act is being abolished.
He's wrong. It's that simple. Instead of writing law he should enforce what is already written.
Quote:
Originally Posted by flash3780
I'd respond, but others have already responded for me. Let me rather suggest that you open your mind to alternatives. Closed-mindedness is the antitheses of rational thought.
He said it violated the equal protection clause. It doesn't. Gay people can and do get married.
Oh yes, that tired old argument again...sorry I don't buy into it.
You are going to have to do better than that to convince me...
If I marry my partner, it does not affects anybody. It does not harm your marriage in any possible way. If it did...ou need therapy, not legislated discrimination against me and those like me.
He said it violated the equal protection clause. It doesn't. Gay people can and do get married.
Of course DOMA violates the equal protection clause.
Consider two legally married couples in Iowa - one a male-male gay couple, one a male-female straight couple. If the man in the straight marriage employs his wife, he does not have to pay unemployment insurance tax of his wife's wages. If one man in the gay marriage employs his husband, he must pay this tax. Why - because of DOMA. DOMA treats married homosexuals differently from married heterosexuals (namely it denies married homosexuals 1100 civil rights). As such, it clearly violates the equal protection clause.
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