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Legislative Paper

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Submitted By bobcat99
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name – Legislative Paper

Nov. 6, 2012

The definition of marriage had not been critical to governmental law until 1996 when the Defense of Marriage Act, or commonly known as D.O.M.A., was signed by President Bill Clinton. As it states D.O.M.A defines marriage as “only a legal union between one man and one woman as husband and wife.” (Webb, Rita A., n.d.). The term “spouse” is also coined for a husband or wife of an individual of the opposite sex. In opposition to this unconstitutional law, I am in support for the S. 598: Respect for Marriage Act of 2011, which was passed by a judicial committee on Nov.10, 2011. Unfortunately, it was presented to the U.S. Senate, but as remained stagnant since. (“S.598”, 2011). Essentially, it repeals D.O.M.A and safeguards the respect for individual state regulations of marriage. S.598 is a progressive law that encourages our government as a free democracy to adhere to separation between church and state. D.O.M.A. blatantly counters just that. It is not constitutional to allow the enforcement of a law based on the Christian ideology of marriage. First, using the “Five-E Approach”, the issuance of this law would be highly effective and accomplish its key goals of repealing D.O.M.A. and ensuring equal rights and recognition to same-sex unions. It is to be noted the passing of S.598 does not suggest all states legalize samesex marriages. It is still allowing each state to be governed under their state’s constitution. Second, is this law efficient? If S.598 is signed into law, the states that recognize samesex unions, individuals will be given equal rights to more than 1,000 federal marriage benefits. A federal law would also ensure the recognition in all states of a marriage that is valid in the state it was performed in. (“S.598”, 2011). Right now, for example, in a same-sex union, if an individual loses their partner of 20 years

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