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-Appeals Court: Defense of Marriage Act (DOMA) Unconstitutional

by Dr. D ~ May 31st, 2012

Seal of the United States Court of Appeals for...

           (Photo credit: Wikipedia)

From the Christian Post:

An appeals court ruled Thursday that the part of the Defense of Marriage Act (DOMA) that denies federal benefits to same-sex married couples is unconstitutional.

Congress did not provide "adequate rationale" for denying federal benefits to same-sex couples who are recognized as married under their state law…

<Here’s a link to today’s ruling by the U.S. Court of Appeals for the First Circuit >

Alliance Defense Fund Legal Counsel Dale Schowengerdt responded to the ruling:

"In allowing one state to hold the federal government, and potentially other states, hostage to redefine marriage, the 1st Circuit attempts a bridge too far. Under this rationale, if just one state decided to accept polygamy, the federal government and perhaps other states would be forced to accept it, too."

Response: It is interesting how a law that has been around for 16 years is all of a sudden deemed to be unconstitutional. What has really changed in all those years? DOMA hasn’t changed at all but the attitude of liberal activist judges towards same-sex marriage certainly has.

It was a group of activist judges in Massachusetts and later in California that started the whole thing in the first place by ruling that the strictures against homosexual marriage were unconstitutional and ordered same-sex marriage to be legalized. Since then other states have followed suit mostly through votes of their legislatures which is fine by me even if I disagree with the outcome.

This ruling against DOMA will obviously be appealed and the US Supreme Court will have to fix this mess one way or another. Unfortunately the whole issue is now at the mercy of judicial ruling regardless of how the people and the state legislatures voted. Not exactly the way that an important issue like this should be resolved in a so-called democratic country.             *Top

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