Supreme Court Declares DOMA Unconstitutional
The United States Supreme Court has the struck down the Defense of Marriage Act as an unconstitutional violation of the 5th Amendment’s protection of equal liberty.
“DOMA singles out a class of persons deemed by a State entitled of recognition and protection to enhance their own liberty.”
“The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and injure those whom the State, by its marriage laws, sought to protect in personhood and dignity. By seeking to displace this protection and treating those persons as living in marriages less respected than others.”
The 5-4 decision was written by Justice Anthony Kennedy.
The Court’s 76 page decision can be downloaded here.
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If they had just repealed the damned estate tax and let that lady keep her money this wouldn’t be news today.
There are numerous permutations that would have never survived a challenge, if brought to Court, presuming there was no Estate Tax
Social Security Spouse, Survivors benefits, Child in Care for legal sppouse or surviving spouse.
Plus all the other Federal benefits for spouses such as Military and veterans, Federal Employee health and annuity.
You can cry all you want that these programs should not exist, but they do and would have resulted in a similar arguement about usurpation of States rights.
Isn’t it ironic all these Certified Constituional Scholars who refer to the 10th Amendment, well this could be considered a 10th Amendment based decsion.
as if the Islamic extremists needed another reason to attack the United States…..I wonder if they will now rule that marriage between one man and one woman is an unconstitutional affront to homosexuals?
that Federalism, states’ rights/ laws and a majority of a state’s voters on referendum,no longer matter in the US.. If these liberals can’t steal an election, rule by executive order, or let 5 or up to 9 people run the lives of 250 million or or so citizens, (soon to be another 11-20 million more by a 1,000 page edict, by people who are supposed to be following the wishes of the majority of our people,)what else will they do to ram the ruination of our country down our necks? Am not only afraid, I now believe there is now no way to stop,them any more..
Says it all, that this decision was not based on law or jurisprudence.
QUOTING FROM RUSH LIMBAUGH
“Speaking of Scalia, his dissent today in the Defense of Marriage Act ruling is breathtaking. In his view, what’s happened here is the Supreme Court has now demonized proponents and supporters of traditional marriage as it has been understood for thousands of years. The Supreme Court majority, in its ruling, actually uses language that insults and demonizes the people who support marriage as it’s been since the beginning of time.
Now, if you ever had any doubt that the left is intolerant and fully invested in the low art of personal destruction through smear tactics, just read Scalia’s dissent in United States v. Wade. In this dissent he quotes the majority and illustrates how they smear — in a Supreme Court ruling, smear — supporters of traditional marriage as a means of justifying their opinion. What Scalia says is that the majority in the DOMA case, in order to arrive at their decision, actually says that the supporters of traditional marriage…
Well, they name-call. There’s no legal reasoning here, or very little. Scalia says the majority has arrived at its point of view because the opponents of homosexual marriage are reprobates and bigots. It’s disgusting. It demeans the Supreme Court, and it’s turned the Supreme Court into nothing different from any venue in this country where people argue. It proves that we are up against people who don’t give a damn about the rule of law or about basic decency or about decorum.”
If you don’t want to believe Rush, read Scalia’s decision.
This is about the rule of law and that’s what should matter here. But, to the libs; law does not matter. Nothing in the libs decision has any basis in reality or the rule of law.
So, sadly @ How sad, says it best at the end of his post.
Jim Granelli
This is just the beginning. Next will be polygamists and bisexuals wanting to be recognized as “married.”. Then you will get people wanting to “marry” their pets. Not far-fetched. They will look for insurance to pick up those medical costs. Finally, you will have the real freaks wanting to lower the age of consent to allow marriage between children and adults. This is the world that the low life liberals want to create.
for the day when the rest of us taking care of and paying for all the isolated geoups(read, voting blocs), finally reaches the critical-mass, breaking point- duh, how the hell can we carry everybody else in the “special” groups,and survive, too? Well, the continuing spinning of the US debt clock, that was so appropriately spinning all through the Rep. convention, is rapidly reaching the point of projecting into the stratosphere.. Then, all the doomsday movies will become reality: total chaos as the people turn animal,and steal and maim and attack, just to remain alive a little longer.. who ever thought we’d live to witness the annihilation of the late, great United States?