Gay Marriage
DOMA (The Defense of Marriage Act) enacted September 21, 1996, is a United States federal law that defines marriage as the legal union of one man and one woman. Like other controversial laws (i.e., Roe v Wade, ObamaCare), the debate continues over the definition of marriage in America. To add to the debate, the Obama Justice Department has taken the very unusual stance of saying it will no longer defend the constitutionality of a federal law banning recognition of same-sex marriage. After the SCOTUS decision on ObamaCare, the Obama Administration has asked the Supreme Court for a quick review of gay marriage law. Keep up with the ongoing debate below. On June 26, 2013, The Defense of Marriage Act, the law barring the federal government from recognizing same-sex marriages legalized by the states, is unconstitutional, the Supreme Court ruled by a 5-4 vote. The What you need to know about Marriage guide prepared by The Heritage Foundation answers the top 15 questions on the subject of marriage.

U.S. Supreme Court Decisions on Same-Sex Marriage Signal Renewed Challenges to Religious Liberty

6/27/13
from Liberty Institute,
6/27/13:

This week the U.S. Supreme Court ruled in two cases that concern same-sex marriage.

The Court got it wrong in striking down Section 3 of DOMA, the federal Defense of Marriage Act. Section 3 defined marriage as between one man and one woman for the purpose of federal law. The Court ruled that it violates the Constitution’s equal protection clause to deny federal spousal benefits (Social Security, favorable tax status, etc.) to same sex spouses living in the 12 states and the District of Columbia where same sex marriage is legal.

On the day the decision was handed down, opponents of DOMA celebrated, chanting, “DOMA is dead.” But DOMA is not dead. Section 2 protects states from being forced to recognize the same sex marriages of couples from other states. That part of DOMA still stands. Chief Justice John Roberts wrote in his dissent that the ruling does not address a broader right to marriage. That issue was not before the Court.

The Court got it wrong in the case challenging California’s Proposition 8, defining marriage as the union between one man and one woman. California’s governor and attorney general refused to stand up for the will of the people and defend that law when it was challenged. So the citizen groups, who worked hard to get the law on the ballot and to ensure its passage, stepped in. The Supreme Court said this coalition did not have standing to do so. Therefore the district court’s decision striking down Prop. 8 stands. This is a defeat for democracy because California citizens were denied recourse to defend the law they passed.

In the opinion in the case challenging DOMA, Justice Kennedy states that the law was passed to establish the Christian view of marriage. He wrote that, in passing it, “The House concluded that DOMA expresses ‘both moral disapproval of homosexuality and a moral conviction that heterosexuality better comports with traditional (especially Judeo-Christian) morality.’

Inevitably, the Left’s euphoria over this week’s decisions will result in overreach and attempts to use government to punish those who disagree with a revisionist view of marriage. The idea will be to create a climate of fear and oppression as they target churches, religious organizations, schools, businesses owned by people of faith, and ordinary people simply attempting to live their daily lives according to their religious beliefs.

Read More:



365 Days Page
Comment ( 0 )