Supreme Court STRIKES DOWN Defense of Marriage Act (DOMA)Somervell County Salon-Glen Rose, Rainbow, Nemo, Glass....Texas


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Guess what, Chet Edwards, YOU WERE WRONG

Supreme Court STRIKES DOWN Defense of Marriage Act (DOMA)
 


26 June 2013 at 9:37:43 AM
salon

Here's the ruling (PDF)

From Yahoo News

The Supreme Court ruled Wednesday that legally married same-sex couples should get the same federal benefits as heterosexual couples.

The court invalidated a provision of the federal Defense of Marriage Act that has prevented married gay couples from receiving a range of tax, health and retirement benefits that are generally available to married people. The vote was 5-4.

Justice Anthony Kennedy wrote the majority opinion.

Gawker

The liberty protected by the Fifth Amendment’s Due Process Clause contains within it the prohibition against denying to any person the equal protection of the laws. [...] While the Fifth Amendment itself withdraws from Government the power to degrade or demean in the way this law does, the equal protection guarantee of the Fourteenth Amendment makes that Fifth Amendment right all the more specific and all the better understood and preserved.

The class to which DOMA directs its restrictions and restraints are those persons who are joined in same-sex marriages made lawful by the State. DOMA singles out a class of persons deemed by a State entitled to recognition and protection to enhance their own liberty. It imposes a disability on the class by refusing to acknowledge a status the State finds to be dignified and proper. DOMA instructs all federal officials, and indeed all persons with whom same-sex couples interact, including their own children, that their marriage is less worthy than the marriages of others. The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to 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 federal statute is in violation of the Fifth Amendment.

Even though it has taken YEARS for this to be reversed, glad the courts affirms the right of CITIZENS not to be discriminated against due to sexual orientation. Reminder that Chet Edwards, who is no longer out Texas House Representative, was just fine with discrimination.

 


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