Wednesday, February 6, 2013

Defining "marriage"

I'm not exactly sure what to call my source that i decided to debate on, but it is listed in my works cited and i will refer to it as "the reading." Simple, easy, convenient.
  DOMA defines "marriage" as the legal union between a man and woman as husband and wife, it then talks about how no state is required to recognize gay marriage and how the federal government will refuse to give out federal benefits to gay couples. I personally don't understand how DOMA is still around when it's been declared unconstitutional at least 8 times. it was understood that when something is declared unconstitutional, its scratched out. erased, deleted or at least edited and revised so marriage could be redefined legally.
  I actually remember reading somewhere that the Supreme Court will finally have a hearing on it sometime in march of this year. In the reading, a big point raised was the equal protection clauses in the 5th and 14th amendments. It's fair to say the limiting marriage to only heterosexual couples is unequal towards  homosexual couples. DOMA shows how unfair and unjust it is being by allowing all states to not recognize gay marriage and then taking away what federal benefits such as: insurance benefits for government employees, Social Security survivors' benefits, immigration, and the filing of joint tax returns. This sounds like breaking the equal protection clauses to me and this alone should be enough to end DOMA.
   I feel like all gay and lesbian couples deserve a official apology by Obama stating how wrong the US was to treat their own citizens this way. This government is supposed to be for the people, not choosing favorites based on sexual orientation.
Works Cited

EQUAL PROTECTION - SEXUAL ORIENTATION - FIRST CIRCUIT INVALIDATES STATUTE THAT DEFINES MARRIAGE AS LEGAL UNION BETWEEN ONE MAN AND ONE WOMAN. - Massachusetts v. United States Department of Health & Human Services, 682 F.3d I (Ist Cir. 2012). Harvard Law Review [serial online]. December 2012;126(2):611-618. Available from: Academic Search Complete, Ipswich, MA. Accessed February 6, 2013.

2 comments:

  1. I think your title is the title at the beginning of the source: "Equal Protection..." And when you're writing academically, back up the data. At one point you say, "I read somewhere" and now, link to that somewhere. I think a simple Google search will hit on this; it's certainly been in the news, as you say!

    Remember--President Obama does not support DOMA. He has said as much. It was actually President Clinton who signed DOMA into law (surprisingly--there might be a great post exploring why that happened).

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  2. actually. in his first term. the source I did note said that he more or less just left it alone. he didn't support it but he didn't do anything to stop it either.

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