...Running head: FEDERAL DEFENSE OF MARRIAGE ACT (DOMA) ANALYSIS Federal Defense of Marriage Act (DOMA) Analysis Ashanti Craine Northwestern State University Analysis of Contemporary Social Policy Issues SOWK 4350 Professor Sepora Fisher, LCSW April 29, 2013 Abstract The Law plays a prominent role in the everyday life of same-sex couples, continuing regulations and constant policing of sexuality and gender form around every aspect of same-sex couple and their marriage. Defense of Marriage Act (DOMA) a federal law designed to uphold the traditional meaning of marriage which is described as a union between one man and one woman by not recognizing same-sex marriage and taking the option away from the states to make their own decision. DOMA has become a leading problem not just for the same-sex couples who are denied the rights and privileges in which opposite-sex couples are afforded under the federal law, but DOMA has also been called into question for its constitutionality and whether it not only goes against equal protection for American citizens but also legally discriminates against a group strictly based off their gender and sexuality. Federal Defense of Marriage Act (DOMA) Analysis Problems that Necessitate the Policy: Section 2 of DOMA says “no State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting...
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...America Verses Gay Marriage. The Land of the Free, or the home of the bigot? Today many Americans enjoy a level of freedom that is, and has been, an unheard of luxury, by both past and present standards, around the World. However, these freedoms have not always been afforded to minority groups without a fight. One of these issues, the right for homosexual couples to marry. Is, and has been, a hot button topic that, for over a decade has caused political, religious, and personal turmoil in the mainstream fabric of American culture. The goal of this paper, through research and facts, is to show the ugly discriminatory, and unconstitutional, factors that have gone into blocking homosexual couples the right to a loving marriage. Congress shall make no law respecting an establishment of religion. The First Amendment of the Constitution of the United States. However, it seems congress has made a law respecting an established religion, and that law is affecting the rights of millions of American Citizens. The law in question is the Federal Defense of Marriage Act (DOMA). DOMA is unconstitutional as the law has clearly been written with respect to the belief systems of an established religion. As Americans it is our responsibility to make sure that this law is changed to meet the confines of the United States Constitution, and to bring equality to all. The Defense of marriage act of 1996 (DOMA). DOMA is one of the key points of contention in the debate on Gay Marriage. So what exactly...
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...Two women, Edith Windsor and Thea Spyer, were married in Ontario Canada in 2007, and the State of New York had recognized their marriage. Spyer died in 2009, leaving her estate to Windsor. Windsor attempted to claim the federal estate tax exemption, but was prevented from doing so under the Defense of Marriage Act. Windsor paid the estate taxes but requested a refund from the IRS, which was denied. Windsor brought a refund suit to the District Court, claiming that DOMA violated the Fifth Amendment equal protection rights. An appeal was filed and the District Court’s decision was affirmed by the Court of Appeals of the Second Circuit. Although the US government did not seek to defend the constitutionality of DOMA, but they refused to refund...
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...United States federal law called The Defense of Marriage Act (DOMA). Under section 3 of this law the federal government defines marriage as a legal union between one man and one woman and defines a spouse as a person of the opposite sex who is a husband or a wife. Under section 2 of this law no state is required to recognize as a marriage a same-sex relationship that is considered a marriage in another state. This law also prevents the federal government from recognizing the validity of same-sex marriages. Section 3 of DOMA was designed by people who have fear and/or hatred towards homosexuals and that makes it unconstitutional. DOMA violates the constitutional right of married same-sex couples to equal protection under the law and reverses the federal government's long history of allowing states to set their own marriage laws. From the very founding of our nation, the definition of marriage has been understood to be a state rather than a federal responsibility. Before 1996 if a couple was legally married under state law they were married for purposes of federal law. Most aspects of marriage are still up to the states such as whether common law marriage is recognized or the age of marriage without parental consent. States even have different rules on the requirements of terminating a marriage. Why are these issues still left up to the states and why are they trying only to determine whether your sex should matter if you want to marry someone? DOMA does not prohibit states from legalizing...
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...Same-Sex Marriage: The Problems with DOMA and the Pursuit for Equality Believe it or not, same-sex marriage has been around since ancient times. At least two Roman Emperors, Nero and Elagabalus, were in gay unions. It wasn’t until the advent of Christianity that the practice of same sex marriage was out-lawed by the emperors Constantius II and Constans in 342 AD and has continued to be through-out most of the world until the twenty-first century (Boswell 83). With the advent of gay rights movement in many industrialized countries, same-sex marriage has become more accepted. A prime example of this is what lawmakers in the state of New York did on June 24, 2011. With a thirty-three to twenty-nine vote, the legislature legalized same-sex marriage, making it the largest state where gay and lesbian couples can now get married (New York Times 2011). However, Even with recent legalization of gay marriage in some parts of the nation there are still states that are strongly against it. States such as Alaska, Hawaii, Nebraska and Nevada have, by popular vote, passed Defense of Marriage Acts (DOMAs) as a constitutional amendment. This gives states the legal right not to recognize same-sex marriage from other states where it is legal. I will argue that DOMA legislation is discriminatory and that same-sex couples have a legal right to the same marriage benefits and public acknowledgment enjoyed by heterosexual couples. Also, that second-class remedies such as civil unions and...
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...Topic: Gay Marriage Student Name Institution In the recent past different stakeholders have tried to define what constitutes the institution of marriage. In effect, some states give marriage licenses to gay couples, while others have approved “civil unions” yet many other states have forbidden same-sex marriages (Rauch, 2013). In 1996, the federal government passed the Defense of Marriage Act (DOMA), which defined marriage as “…a legal union between one man and one woman” and that “No state shall be required to give effect to any public act, record or judicial proceeding of any other state respecting a relationship between persons of the same sex is treated as marriage” (Rauch, 2013). Consequent to this law, same- sex couples were denied civic advantages otherwise available to heterosexual married couples, and states were not expected to credit same- sex marriage licenses obtained in other states. In 2013, the United States Supreme Court withdrew DOMA section that disapproved gay marriage. However, it left intact the authority of states to acknowledge, or fail to acknowledge, the legality of the same- sex marriage license gotten from a different state (Rauch, 2013). Some legal means that can be used to bring the gay marriage debate to a standstill include the majority rule...
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...Legalizing gay marriages in USA (Name) (Institution) Abstract Legalization of gay marriages in the USA is being streamlined by acquisition of federal rights and benefits that are usually granted to couples in opposite-sex marriages. Efforts to ban federal laws that ban same-sex marriages, through the Defense of Marriage Act (1996), DOMA, have been successful in some states. Even though a majority of USA citizens have been supporting full marriage rights to all Americans, some groups that oppose gay marriages have strongly stand out to support amendments that would prevent redefinition of the institution of marriage as described by law, religion and media. With these regards, gay marriages should not be legalized in order to protect the marriage institution and the welfare of children raised by such families. Those purporting to advocate for gay marriages, are only interested in the realization of federal rights and benefits and not in the foundations of the marriage institution as described by law or the diverse religious settings in the USA. Keywords: Federal rights and benefits, Defense of Marriage Act, Institution of marriage. Legalizing gay marriages in U.S.A Should gay marriages be legalized in all states in the U.S? Currently gay marriages are not recognized in most US states because of the enactment of Defense of Marriage Act (DOMA) in 1996, which clearly outlined marriage as a union between a man and a woman, therefore prohibiting the federal government...
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...I. Introduction a. Thesis statement II. What is Domestic Partner explained by law a. Regional/State Laws b. Federal Law c. Defense of Marriage Act III. Cost Analysis of Benefits a. Cost to Employer b. Cost to Employee IV. Pros and Cons of offering Domestic Partner Benefits a. Employee benefits b. Company Gains V. Conclusion Wal-Mart (WM) is the largest retailer in the world and operates in all 50 states. Recently passed laws that allow same sex marriage couples to marry legally and this has caused the company to reevaluate its domestic partner benefit offerings. Studies done by the Human Rights Campaign (HRC) also show that 62% of fortune 500 companies offer domestic partner benefits to their employees. (Hoenig, 2013) Wal-Mart must continue to be at the front of employee relations and it will be necessary to cover all employees, regardless of lifestyle, in order to maintain those relations. It is important that we define what Domestic Partner is as defined by the government. The Office of Personnel Management states, "For purposes of ensuring consistent implementation of the President’s memorandum, a “domestic partner” is defined in OPM regulations (e.g. 5 C.F.R. § 875.213) as a person in a domestic partnership with an employee or annuitant of the same sex. The term “domestic partnership” is defined as a committed relationship between two adults, of the same sex, in which the partners— (1) are each other’s sole domestic partner and...
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.......................................................................................13 Sentences and covert messages..................................................................14 Words and connotations.............................................................................17 VI. Conclusion.......................................................................................................19 I. Introduction The same-sex marriage movement deals with what is arguably a leading social issue in the United States today. In 1996, the Defense of Marriage Act (DOMA) legally fixed the definition of marriage to be that which includes one man and one woman, including the provision that “states need not recognize a marriage from another state if it is between persons of the same sex” (www.domawatch.org). Grassroots organizations began to form on both sides of the debate concerning same-sex marriage reform. Most discourse research on the issue focuses on the ways in which the media and reform oppositionists (DOMA defenders) use language to display and perpetuate their social and political dominance over the pro-reform...
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...The Right to Be Happy By Michelle Evans English 101, Section QC Nov 7, 2014 Although DOMA (Defense of Marriage Act) has been overturned, there is however a lot more work to be done as far as equal rights for gay families all over the U.S. The Defense Marriage Act was originally passed in September 1996 and repealed in June 2013. This was wonderful news for the LGBT Lesbian, Gay, Bisexual & Transgender) community; however they are faced with a few more hurdles. Conservatives are now trying to make it impossible for same-sex couples to be able to adopt, essentially ruining any chances of having a family of their own. Two steps forward, 3 steps back… For decades, the laws against marriage equality have been tight and not in favor for same-sex couples. Conservatives felt and still feel that marriage should only be between a man and a woman and that being gay was not only a sin and an abomination, but also a lifestyle choice. It is also believed that gay unions should not have the same benefits as heterosexual ones. In the case of United States vs Windsor where two women whose marriage was legalized in New York, one of the parties passed away and the IRS denied federal estate tax marital deduction for the surviving spouse. The U.S. Supreme court found that DOMA violated the guarantee for equal protection and due process under the U.S. Constitution (Polikoff).Currently thirty-two out of fifty states now legalized same-sex unions. Unfortunately to this day...
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...brought to the U.S. Supreme Court, Pace v. State of Alabama, 106 U.S. 583 (1883) and Loving v. Virginia, 388 U.S. 1(1967). This paper analyzes and evaluates each case independently along with comparing and contrasting both cases in regards to anti-miscegenation statutes. Assignment 2: The Statutes Miscegenation is the marriage or cohabitation between a man and a woman of different races, in the United States this especially pertained between black and white persons (Dictionary.com, 2012). “Anit-miscegenation laws were laws that enforced racial segregation at the level of marriage and intimate relationships by criminalizing interracial marriage and sometimes also sex between members of different races. Such laws were first introduced in North America from the late seventeenth century onwards by several of the Thirteen Colonies, and subsequently by many US states and US territories and remained in force in many US states until 1967” (Wikipedia, 2012). In 1883 the case, Pace v. State of Alabama, on appeal, made its way to the U.S. Supreme court, where defendant insisted that the act under which he was indicted and convicted is in conflict with the concluding clause of the first section of the fourteenth amendment of the consitution, which declares that no state shall ‘deny to any person the equal protection of the laws’. In Novemeber of 1881, Tony Pace (a black man) and Mary J. Cox (a white woman) were indicted under Section 4189 of the...
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...8.) Kennedy, Anthony M. 9.) Scalia, Antonin 2. The Defense of Marriage Act (DOMA) enacted in 1996 states that, for the purposes of Federal Law, the words “marriage” and “spouse “ refer to legal unions between one man and one woman., Since some states have allowed same sex marriages. The Federal Government ruled DOMA unconstitutional under the 5th Amendment. According to the article, Edith Windsor and Thea Syper were married in Toronto, Canada. They moved to New York where the stated recognized same sex marriages. Thea Syper died and left her estate to her spouse Edith Windsor. However, the Federal Government taxed the estate for $363,000 due to their marriage not being recognized by Federal Law, had the marriage been recognized the estate would have qualified for a marital exemption and not taxes exposed. 3. The District Court held thhat DOMA. Was unconstitutional . The U. S. Supreme Court of Appeals for the Second District Affirmed. This case impacts the lives, of Americans due to some Americans do not agree with same sex marriages and does not care to see it. Christians that believe that God made marriage for a man and a woman will not like it. This Case impacts Americans lives in some will commit hate crimes as a results. Some Americans would rather their children not be exposed to such. Making same sex marriages legal will cause numerous problems. This will impact those who do want to be in a same sex marriage, because they will be happy that they can marry the person...
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...Same Sex Marriage Paul Steven Tighe Essentials of College Writing/COMM/215 October 18, 2013 Same Sex Marriage There is a major battle over basic civil rights, which is being fought by both the conservative and liberal communities and is being fought over something as simple as allowing same sex couples the right to marry. Gay Americans must be afforded the right to marry because the majority of Americans believe they should. Moreover, allowing same sex marriage would enable them to adopt children in need of a family and receive the same benefits as other married couples. One reason to allow same sex marriage is that most Americans believe gay Americans should be allowed to do so and the approval rates keeps rising. According to a 2012 Gallup poll, 50% of participants believed that same sex marriage should be legally recognized at the same level as a traditional marriage (as cited in Madrid, 2013). This is up from 46% in 2010, according to a General Social Survey (as cited in Madrid, 2013). As times change, often so do the beliefs of society as a whole. This is clearly the truth with the acceptance of a group of people who have long been labeled as outcasts or sinners. Unlike 20 years ago, more than half of Americans embrace same sex marriage, with support among young voters running 4 to 1 (as cited in Von Drehle, 2013). In addition, according to a survey conducted by the Pew Research Center, 1 in 7 American adults say their initial oppositions to same sex marriage has turned...
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...Erika Carter Dr. Ngezem English 1101 10 November 2014 Marriage Equality Marriage equality has become one of the most controversial topics in 2014. Even though it only has a direct effect on a small portion of the world, everyone else seems to have their own opinion on it, whether it be negative or positive. In a perfect world, everyone would be able to marry the one they love without anyone having a problem with it, but in our world, there are laws in most countries banning same sex marriage. Even though in these same countries, people are allowed to go on wild vacations, get drunk, foolishly marry someone they barely know and then get a divorce a few days later; it is illegal for two people that have been together for years or even decades to get married because they are of the same sex. Marriage equality has come a very long way in the United States. In 1924 in Chicago, The Society of Human rights became the first known gay rights organizations in the US. Then in 1951, The Mattachine Society, which was the first national gay rights organization, was formed by Harry Hay who became known to many as the founder of the gay rights movement. One of the most well known progressions in gay rights history is the Stonewall Riots. On June 28th, 1969, the patrons of the Stonewall Inn fought back against what had become regular, tolerated, city sanctioned harassment by the police department. For the first time in history Gay people refused to accept the status quo of...
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...heterosexist bias in social welfare policy frameworks on lesbian, gay, bisexual and transgender (LGBT) individuals and families in the United States. It discusses the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), the Defense of Marriage Act (DOMA), federal definitions of family and household, and stereotypes about LGBT individuals. It argues that poor LGBT individuals and families lack full citizen rights and access to needed social services as a result of these explicit and implicit biases. Key words: Welfare reform; family policy; civil rights; gay, lesbian, bisexual and transgender (LGBT); heterosexism Welfare reform is fundamentally about family policy—about promoting and privileging particular kinds of families, and about penalizing and stigmatizing others. (Cahill and Jones 2002: 1). Two pieces of legislation were passed in 1996 that set an important tone for family policy in the United States: The 1996 Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), an act that expanded welfare-to-work programs throughout the country, restricted people’s access to public assistance, and crystallized the broader restructuring of public-private boundaries; and the Defense of Marriage Act (DOMA), which defines marriage as a legal union between a man and a woman. At first glance, the two initiatives appear unrelated and inconsequential, although the reality is quite different. Combined, they constitute a national policy context within which...
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