Tag Archives: DOMA

SUPREME COURT RULES IN FAVOR OF GAY MARRIAGE

The Supreme Court’s landmark decision on gay marriage today will see same-sex married couples in States who already have gay marriage, given the same constitutional rights as heterosexual couples. The case means that it is unconstitutional for the federal government to define marriage as only between a man and a woman.

The Supreme Court also dismissed California’s ban on same-sex marriage, under Proposition 8, meaning same-sex marriages conducted in California will be reinstated.

The DOMA decision split the Supreme Court down lines of liberal and conservative, with the centralist Justice Anthony Kennedy having the swing vote, on this occasion voting with the liberals.

The courts decision is seen as a reflection on the changing face of America. Within a decade Americans have gone for only 21% being in favor of same-sex marriage, at the time of George W Bush’s re-election, to 30% when President Obama first took office in 2009, and the most recent polls place support for gay marriage at 51%.

The full impact of these decisions will become apparent to ALL Americans, in the coming days and months ahead.

Read More: The Telegraph

DOMA STRUCK DOWN–

Defense of Marriage act, being struck down by the US Supreme Court, who will pay for all the law suits that will now be brought against the United States?

Oh… the tax payers…

Amazing, simply amazing…

SUPREME COURT EXPECTED TO PASS PROP 8 AND DOMA RULING TOMORROW

View more videos at: http://nbclosangeles.com.

It is expected that the Supreme Court will announce it’s decision on the Prop.8 and Defence of Marriage Act tomorrow morning. The Prop. 8 case will decide if California’s ban on same-sex marriage is constitutional or not. In the DOMA case law makers will decide if it is constitutional to withhold state benefits for same-sex couples who are married, whilst heterosexual couples are in receipt of them.

The two cases could in effect pave the way for same-sex marriage to be legalized nation wide. Many religious and other civil liberties groups are concerned with what the wider implications could be for free speech, if the Supreme Court rules in favour.

Read More: NBC Southern California

DOMA – WHAT IS YOUR OPINION?

Over the last 2 days, the Supreme Court have heard the arguments for and against the Defense of Marriage Act, 1996,  which currently defines marriage as between one man and one woman.

The main issues raised in the Supreme Court this week touched on the role of individual State decisions to allow gay marriage, (so far in 9 States), and the 1100 federal laws which affect all States and define marriage in the traditional way.

If federal law redefines “marriage”, what happens in the 41 States who have voted against same sex marriage?

Would they be forced to accept it?  The majority have not yet decided…..

Therefore, the argument to strike down the Defense of Marriage Act, seen as the “problem” area in terms of the law, became the central issue.

The question raised by the judges were essentially, “How can we get around this definition, to embrace all “types” of marriage so they are all treated the same under the law”.

Simple:  If this is about money/taxes and benefits – which the court case seemed to be saying – then call “marriage” between a man and a woman “marriage” and any other type of union a “civil partnership” within the DOMA definition.  Add those words to the federal law and it’s done.

But isn’t it instead about the longer term consequences on our society, to change it beyond recognition?
…are we allowed to say “No” or “lets just wait and see” without offending somebody? Do we have a choice?

Consider this;
1.    If marriage is redefined, where will it stop?  If the criteria is sexual orientation based, rather than biological (one man/ one woman), other groups who think differently about marriage could demand  “equal rights”.

For example:  Could marriage then become legal between one man and two or more woman, as in Muslim societies?  Could they bring a challenge under Sharia Law regarding marriage in the US in States which have strong Muslim communities?

2.  Lesbian, gay, transgender relationships,  are very new to society compared to the traditional marriage set up as defined for hundreds of years.  Children are secure in families and parents try to protect them from minority group influence they may disagree with.

Events such as the Folsom Street Fair, which allows all those with “different” ideas of sexual deviance, to display their “affections” in public.  Psychologists are now suggesting pedophilia is becoming likened to homosexuality.  These developments of “freedom of expression” could become common-place in our local communities as “normal” behavior.

Will those who disagree with the same-sex marriage ruling now be penalized if they don’t comply? Will church Pastors who disagree be sued if they don’t marry same-sex couples?  This has already happened in parts of Canada.

Most of the push toward gay marriage began in San Francisco and so it is not surprising that the challenge to the Defense of Marriage Act started with Proposition 8, (the ruling of the people banning same-sex marriage) being challenged from California.

After World War II the US military dropped off it’s embarrassing gay recruits in San Francisco around Haight & Ashbury. At the same time the Hindu invasion lead by the Beatles and several Yogis entered our society. It is important to note here, this was all happening right after the fall of Hitler and his friend the Dalai Lama.

This was a spiritual invasion into western society that very few understand, but everything we are seeing is exactly what happened in Germany before “Nazi” Germany… it too was a “spiritual” invasion of these eastern deities.. This level of Occult is exactly WHY China kicked the Dalai Lama out and indeed fights anyone to this day, who promotes him.. but that’s another story.

Today in this same region of San Francisco it is normal to see naked people walking the streets in bondage and live anal sex acts performed for a world audience all streamed live to subscribers, being created and broadcast from the San Francisco Armory. NOTE: the court, government buildings and the federal reserve are all in the same neighborhood, and those who work in them, live work and play with their neighbors. Yes indeed this government sold the San Francisco Armory to the sex bondage company and were/are very aware of what they are doing in these “Upper Room” sexual debauchery events.

It is also important to note that during Arnold Schwarzenegger reign as Governor of California, Maria Shriver, under the tutelage of the Dalai Lama was brought in to influence “Woman’s Groups” and indeed first hand accounts of Maria putting the screws to Arnold, to sign Gay marriage or else… Once he did, and was no longer Governor, Maria let it fly about the child Arnold had 10 years prior and divorced to gain 250 million dollars to further invest in setting up his un-holinessines the Dalai Lama as the new Pope of the world…but this too is another story.

Harvey Milk, played by Sean Penn, was a close friend of the infamous Jim Jones, who used his sexual christian cult and black followers, to indeed, vote and re-vote, by busing them around to different precincts, getting elected those who would block the feds from investigating him. Harvey Milk indeed diverted a federal investigation away from Jim Jones. What bed fellows? forgive the pun, but facts are facts.

One person lead the movement through a relationship from San Francisco into the East Village in Manhattan NY and from their spawned the movement we see today.

Their focus were “Seats of Power”, Government, San Francisco Supreme Court, and Media Manhattan New York.

Important to note that despite the good citizens of California striking down gay marriage, out of San Francisco Supreme Court the Gay judge, involved with his neighbors and friends, as described above, over turned millions of voters in favor of the sexual deviance coming out of his neighborhood, to indeed affect the entire world.

Fox recently asked “Why do the muslims hate us?” Could it be the immorality we push via our media to an unsuspecting world?

Marriage as an institution has already suffered at the hands of historical social “norms”. In western society today we are reaping the legacy of the “progressive” 70’s and 80’s era of drug addiction and sex outside of marriage, with abortion used as the latest form of birth control today.  Where does someone’s moral opinion count?

Who is paying the price?  Our children of course !

The court mentioned that this was very much in the experimental stage –  to see the affects long term requires a 40 year span of time before the affects on children and family could be measured effectively.

So,…..will we see more mentally mixed up and abused children grabbing guns and mass shootings?  Who can tell…

Where is the nurturing mother in a sodomite male on male union who adopt children?  Nature made women nurturers……so how will this work?

Our future generations are at stake, and therefore the Supreme Courts decision will be life changing for us all .

3.   The country is already in crisis from a financial recession and on the verge of breakdown – Has the cost of this decision really been calculated?

In financial terms – who will pay the extra benefits and cover the loss of revenue, if this opens the floodgates for every “type” of “challenge” to federal law, decided by a minority group?

Note: California is on the verge of collapse and it is the largest economy in the USA. Depending on how this case goes, it could take California over the edge…
Has the cost been counted?

Isn’t this case about more than discrimination to a minority group who wish to achieve benefits for themselves?

Isn’t the real issue brought before the Supreme Court fundamentality challenging the solid principles of our society?

Legal discussions take no account of the implications on our society in general, because they decide on the individual outcome on a case by case basis usually. However, with the DOMA question, their vital decision will rule over the desires of ALL individual States, (the majority of whom have not embraced gay marriage), and shows clearly that the Law will not protect our nation from erosion and harm, where moral or spiritual issues are at stake. Let us hope they make a decision for the greater good, rather than just the legal dilemma brought before them.

 

TODAY SUPREME COURT HEARS DOMA CASE


View Offices of Roberta Kaplan lawyer for Edith Windsow in a larger map

The supreme court is today hearing the arguments in the case which will determine the constitutionality of the Defence of Marriage Act (DOMA). The case is being brought by Edith Windsow, who is sueing the US government over $363,000 in federal estate tax she paid at the death of her partner Thea Windsow. The court is expected to make a decision in late June.

The 83 year old Edith Windsow was engaged to her partner Thea for 40 years, when in 2007 they went to Canada to marry. After Thea died in 2009 Edith had to pay the federal estate tax. She argues that had her wife been a husband then she would not of had to pay the tax, and therefore she believes DOMA to be unconstitutional, because it discriminated against her.

Edith Window’s story led President Obama to say the he and the Justice department would no longer defend the constitutionality of DOMA, in February 2011.

Windsow will be represented by Roberta Kaplan. Kaplan is regarded by her peers in the Law to be one of the finest lawyers of her generation, being voted by the National Law Journal as one of the top “40 under 40” lawyers in the US.

WHAT’S IT ALL ABOUT? – DEFENSE OF MARRIAGE ACT V FIFTH AMENDMENT OF CONSTITUTION


View Supreme Court of the United States in a larger map

This week in Washington DC, the United States Supreme Court will hear arguments on Tuesday 26th and Wednesday March 27, for and against the Defense of Marriage Act 1996 (DOMA) and Proposition 8 in 2 separate cases, before 9 Supreme Court Judges, who will listen to 50 minutes of arguments from both sides and then make a final decision over the coming months.

Tuesday 26th – at 10am – Hollingsworth v Perry, which is the California Marriage Proposition 8 discussion, brought by the American Foundation for Equal Rights (AFER).

Wednesday 27th – at 10am – Windsor v. United States brought by the ACLU, and Paul, Weiss, Rifkind, Wharton and Garrison LLP with super lawyer Roberta Kaplan from their New York office leading the arguments.
For more information about Windsor click here

The Gay, & Lesbian Advocates & Defenders group (GLAD), located in Boston, MA,  under the direction of Civil Rights Project Director Mary L. Bonauto, have coordinated the amicus strategy, (meaning  sympathisers of the strategy write to support the legal case arguments), for the challenge to DOMA in the Supreme Court.

Essentially the arguments will revolve around the Defence of Marriage Act (DOMA), which is being challenged in separate individual cases as not standing up to higher scrutiny, and therefore controversial to the principles of the Fifth and Fourteenth Amendment of the US Constitution on equal rights and protection under the law.

The Fifth Amendment has an explicit requirement that the Federal Government not deprive individuals of “life, liberty, or property,” without due process of the law and an implicit guarantee that each person receive equal protection of the laws”.

The challenge appears to have been brought as a result of cases where gay and lesbian individuals have not had the same protection under the law as married heterosexual couples, in the event of death of a partner and their right to inherit their estate.

On Tuesday morning, lawyers will present their arguments challenging the constitutionality of California’s ban on same-sex marriage for support/opposition of Proposition 8 in the case of Hollingsworth v Perry.

On Wednesday morning lawyers  for Windsor v United States will argue before the 9 Supreme Court Justices on the brief:

“Section 3 of the Defense of Marriage Act (DOMA) defines the term “marriage” for all purposes under federal law, including the provision of federal benefits, as “only a legal union between one man and one wom- an as husband and wife.” 1 U.S.C. 7. It similarly defines the term “spouse” as “a person of the opposite sex who is a husband or a wife.” Ibid.

The question presented is:

Whether Section 3 of DOMA violates the Fifth Amendment’s guarantee of equal protection of the laws as applied to persons of the same sex who are legally married under the laws of their state.

The Justices final decision is expected in June, though some opinion is expected by their initial private vote this Friday.

GLAD has two other challenges to DOMA, Gill v. OPM and Pedersen v. OPM, which will be held pending a ruling on Windsor.

Read more….

WASHINGTON DC – SUPREME COURT CONVENES AT 10am TUESDAY TO HEAR DOMA ARGUMENTS – HOW DOES THE SYSTEM WORK?

An article published by the American Foundation for Equal Rights gives excellent insight into how the Supreme Court Judges proceed, as they hear arguments around the California Proposition 8 case on Tuesday 26th at 10am and the Defence of Marriage Act on Wednesday, taking place at the Supreme Court in Washington DC.

The nine Justices are seated by seniority. The Chief Justice occupies the center chair, the senior Associate Justice sits to his right, the second senior to his left, and so on, alternating right and left by seniority.

Following Along

Audio of the proceedings will be made available shortly after oral argument concludes on each day since cameras and love updates are prohibited from inside the courtroom. The Supreme Court has said that audio will be released by 1 p.m. EDT on Tuesday and 2 p.m. EDT on Wednesday. Since seating inside the Court is extremely limited, it is on a first come basis.

Proceedings

Shortly before 10:00 a.m., the Justices will meet in the Robing Room. This is where they will all shake hands and don their robes.

At 10:00 a.m., oral argument will begin.  As the Justices enter the courtroom, the Marshal of the Court will intone:

The Honorable, the Chief Justice and the Associate Justices of the Supreme Court of the United States.  Oyez!  Oyez!  Oyez!  All persons having business before the Honorable, the Supreme Court of the United States, are admonished to draw near and give their attention, for the Court is now sitting.  God save the United States and this Honorable Court!

The Chief Justice will call the case and invite Charles J. Cooper, attorney for the Proponents of Proposition 8, to the lectern.  He has 30 minutes to make his argument.

Once Mr. Cooper has concluded, the Chief Justice will invite AFER lead co-counsel Ted Olson to the lectern which will begin his 20 minutes to make his argument. He may choose to reserve some of his time for a rebuttal after the argument for the United States has been compeated.

After Mr. Olson has completed his argument, the Chief Justice will invite Solicitor General Donald B. Verrilli, Jr. to the lectern.  The Solicitor General has 10 minutes to make his argument for the United States as amicus curiae, or “friend of the Court”. He will be speaking in support of AFER’s Plaintiffs.

If Mr. Cooper reserved time for rebuttal, he will then have the remainder of his time to address the Court.

The case is submitted for consideration once the oral arguments have been completed.  The Justices are expected to vote at their private Conference on Friday, March 29.  A final decision should be published by the end of June.

The Cases

The U.S. Supreme Court is considering two cases that deal with marriage equality for gay and lesbian Americans this week.

On Tuesday, March 26, the Court will hear oral argument in Hollingsworth v. Perry,. This is AFER’s federal constitutional challenge to California’s Proposition 8. Two couples, Kris Perry & Sandy Stier and Paul Katami & Jeff Zarrillo, are represented by Ted Olson and David Boies. Mr Olson will argue that Proposition 8 violates the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the Constitution. Learn more about the Perry case >

On Wednesday, March 27, the Court will hear oral argument in United States v. Windsor, a challenge to the Defense of Marriage Act (DOMA). This is the 1996 law that prevents the federal government from recognizing the legal marriages of gay and lesbian couples in states with marriage equality. The case came about because Edie Windsor, an 83-year-old widow, was forced to pay $363,000 in estate taxes after her wife died. This is a tax she would not have had to pay if she was married to a man. Ms. Windsor claims that DOMA violates her right to equal protection of the laws and is represented by the ACLU.

Read more…..

US SUPREME COURT TO HEAR PROP 8 AND DEFENCE OF MARRIAGE CASES THIS WEEK IN WASHINGTON D.C.

This week the US Supreme Court will begin to hear the cases of the Defence of Marriage Act (DOMA) in Washington D.C.

On Wednesday March 27th, the court will begin to hear the case as to the constitutionality of DOMA. The 1996 federal Defense of Marriage Act’s Section 3. The Act’s pertinent part, reads as follows:

In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word ‘marriage’ means only a legal union between one man and one woman as husband and wife, and the word ‘spouse’ refers only to a person of the opposite sex who is a husband or a wife.

DOMA HISTORY
The court will begin to hear the case of Prop 8 on March 27th.

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OBAMA ADMIN. CALLS ON SUPREME COURT TO STRIKE DOWN DEFENSE OF MARRIAGE ACT

The Blaze.com reported that the Obama administration on Friday formally urged the Supreme Court to strike down the federal Defense of Marriage Act (DOMA) defining marriage as between a man and a woman.

In a brief filed Friday evening, Solicitor General Donald Verrilli argued that DOMA’s section three, which bars married same-sex couples from filing joint federal tax returns and other federal spousal benefits, is unconstitutional:

Section 3 of DOMA violates the fundamental constitutional guarantee of equal protection. The law denies to tens of thousands of same-sex couples who are legally married under state law an array of important federal benefits that are available to legally married opposite-sex couples. Because this discrimination cannot be justified as substantially furthering any important governmental interest, Section 3 is unconstitutional.

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