...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 is DOMA? Well in simple terms, The Defense of Marriage bill was passed in 1996 while Bill Clinton was still the President of the United States. The bill defines marriage as between one man and one woman only. The bill also allows individual states the rights to set their own definition of...
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...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 same-sex...
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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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... The job of the supreme court of the United States of America is to hear cases that deal with the threat of this nation’s security foreign affairs or bill of rights. I find that this issue of DOMA, though they may say is un constitutional, is a law that gives the rights to heterosexual couples the right to claim benefits of his or her love one due to death. This act came into existence due to issues with common law marriages. Common law marriages were causing an over flow of problems that were not legal and partners wanted to claim his or her common law spouse benefits and property. Families and common law spouses were fighting over these benefits. State court systems were overwhelmed with cases that held up court calendars. The repeal of the DOMA law could recant the issues that state courts encountered back in the early 80’s. Erikson’s approach to this issue lacks the credibility that the act was unconstitutional. Is this act un constructional or is it valid? This issue came as a result of two women that were partners in life for over 20 years and her death resulted in an enormous inheritance taxes by the IRS . The death of her lover, those not having the same last name, and the death tax act struck the nerve of some lobbyist on Capitol Hill to repeal DOMA. If the DOMA law is repeal, from the time of enactment to the repeal of the law, many common law spouses can re-file his or her case in court for a review of the ruling or a new decision on the case. This could...
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...Not Full Faith and Credit In this current century we as a society are witnessing science and technology that adapts at an ever increasing pace, infinitely changing. We as a society give great weight to the belief in equality and equal opportunity. A practicality of thinking has become the norm for much of society due to this increasing belief in a scientific basis for our decisions. However, in a society that seems to pride itself on being superior in intellectual and technological progress, where one of the very watchwords of the day is equality, we still cling to a fairly archaic idea of the definition of marriage. This definition holds the rights and responsibilities, as well as the protections inherent to this idea of marriage being only available as a legal construct for heterosexual couples. We discriminate against our homosexual citizens and their right to have their long term relationships recognized and given the same validity as those long term relationships of heterosexual couples through the societal construct of marriage. Same-sex marriage has become a huge issue for many in the United States, it is a “lightning rod” issue that seems to polarize the two sides of the argument. There does not seem to be much, if any, common ground to stand upon. A person either holds the belief, often backed by their faith, that gay marriage is unacceptable, or they discard that belief and can't conceive of why that viewpoint is in any way valid. For most people there really is...
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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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...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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...Zbornik radova Vizantolo{kog instituta Hß, 2003. Recueil des travaux de l’Institut d’etudes byzantines Hß, 2003. UDK:314:316.347Š(497.17)“13”+801.313.1 ZORICA \OKOVI] STANOVNI[TVO ISTO^NE MAKEDONIJE U PRVOJ POLOVINI XIV VEKA Rad je posve}en istra`ivanju etni~ke strukture isto~ne Makedonije izme|u 1300. i 1341. godine, {to su okviri odre|eni raspolo`ivim izvornim materijalom. Kako su u tom materijalu popisani samo parici (zavisni seljaci), mogao je biti istra`en samo deo, istina najbrojniji, dru{tvene strukture. Izu~avanje etni~kih prilika na osnovu antroponimije zasnovano je na klasifikaciji imena — li~nih, porodi~nih i nadimaka. Primetne su varijacije u ra{irenosti pojedinih etnikona na osnovu izu~avanja regija Isto~na i Zapadna Halkidika, Strumska oblast sa dolinom Strume, Kedrilionom, Volvonom i Pangejskom gorom. Promene koje se mogu pratiti zavise uglavnom od procesa helenizacije. Ova studija predstavlja dopunjen tekst magistarskog rada œStanovni{tvo isto~ne Makedonije u prvoj polovini XIV vekaŒ odbranjene na Filozofskom fakultetu u Beogradu 2. oktobra 2001. godine, pred komisijom koju su ~inili prof. dr Ljubomir Maksimovi}, prof. dr Radivoj Radi}, prof. dr Aleksandar Loma i nau~ni savetnik dr Mirjana @ivojinovi}. Posebnu zahvalnost bih najpre iskazala profesoru Bo`idaru Ferjan~i}u koji je svojim briljantnim predavanjima i interpretacijom izvora uticao na moje profesionalno opredeljenje. Zahvalila bih se prof. dr Radivoju Radi}u za sugestije prilikom odabiranja...
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...Research suggests that many same-sex couples face obstacles in society because, they are often denied the ability to foster or adopt children, and do not receive equal rights when compared with heterosexual married couples. Annotated Bibliography (1)Alexander, L. J. (2013). Arkansas Department of Human Services v. Cole: Another step toward same sex marriage in Arkansas? Arkansas Law Review. Vol. 66 (Issue 2), p527-547.The article focuses on the judgment of Arkansas Supreme Court case in Arkansas Department of Human Services v. Cole; the Arkansas Supreme Court ruled that the Arkansas Adoption and Foster Care Act of 2008, known as “Act1”, was an unconstitutional violation of the fundamental privacy rights granted by the Arkansas Constitution. The source is relevant to my thesis statement because it provides the legality of the law. The author pointed out that the election of November 2008, 58 % of Arkansas voters cast ballots that prohibit a person who cohabited “with a sexual partner outside of a marriage that is valid under the Arkansas Constitution and the laws of Arkansas” from adopting or fostering children. The source of the article was from the Arkansas Law Review 2013, vol. 66. The author, LaToya Alexander, is a teaching assistant at the University of Arkansas. She received her Juris Doctor at University of Arkansas School of Law. According to the case the Arkansas Supreme Court decisions suggest that the Arkansas judiciary is taking a more liberal approach to...
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...Gay Wedded Bliss Erica Pickering SOC 120 David Strand June 24, 2013 I chose the topic Gay Marriage, and I chose this one, because I have such a strong view and opinion on this topic. I wish that one day we could all live in a world where everyone is accepted, no matter who that love, that is my idea of a perfect world, that and no violence. Gay Marriage I know though will never be 100% accepted everywhere, and it does not have to be, everyone has the right to their own opinion and freedom of speech. I am completely for Gay Marriage, I do not see an issue at all, but I know others feel differently. I feel that the gay community should get the same treatment and same benefits we do with marriage. My opinion on this issue has always been the same as long as I can remember. I have never had a problem with gays, nor will I ever; I just view them as people. I wish everyone could have the same views, I think this world would be a better and more comfortable place. I know gays are viewed as different, and outcasts but I know I would not want to feel that way. I follow the golden rule, treat others as you would want to be treated and do unto others and you would wish them to do to you. I have never had anyone close in my family that was gay, but I have had friends that I knew were gay, and they were honestly no different than my straight friends. They treated me the same, treated their families and other friends the same, nothing different. I had this girl, who used to be...
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...American Government Instructor: Jonathan Dolen Dec. 11, 2015 Week 2 Assignment: The Nine Members of the United States are; 1.) Karan, Elena 2.) Alito, Samuel A., Jr. 3.) Roberts, John G., Jr. 4.) Breyer, Stephen G. 5.Sotomayor, Sonia M. 6.) Ginsburg, Ruth Bader 7.) Thomas, Clarence 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...
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...government to dictate the relationship between the impending spouses. Marriage is the right of all consenting adults, and when those rights are the property of the state simply because of religious beliefs or personal beliefs, same-sex couples become second-class citizens. In the United States, there are only 13 states legally accepting same-sex marriage, 35 states that consider it illegal and two states that have made no legal decision. Of the 13 states recognizing same-sex marriage, the fight to extend those rights to a federal level has been arduous, making a first major win recently, in June 2013. The Supreme Court ruled the Defense of Marriage Act (DOMA) to be unconstitutional, stating, "DOMA singles out a class of persons deemed by a State entitled to recognition and protection to enhance their own liberty" (Ganesan, 2013, p. 1). DOMA, as written under law, declared: ‘‘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 a relationship between...
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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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...Assignment 2: The Statutes Sara Barboza Dr. Joseph McCue PAD 525 Constitutional and Administrative Law October 18, 2015 INTRODUCTION The word miscegenation comes from the Latin words miscere (to mix) and genus (type, family, or descent) and has been used to refer to cohabitation or intermarriage between racial groups. Regulated by state law, miscegenation was illegal in many states for decades. However, interracial marriage in the United States has been fully legal in all U.S. states since the 1967 Supreme Court decision, Loving v. Virginia, that decreed all state antimiscegenation laws unconstitutional. Many states, of course, had chosen to legalize interracial marriage much earlier. According to a May 14, 2012, Huffington Post article entitled “Interracial Marriage Statistics: Pew Report Finds Mixed-Race Marriage Rates Rising,” the 1980 Census (the first to collect data on interracial marriage) reported that 3% of all married couples were from different races. The number had risen to 8.4% (one in twelve couples) by 2010. Looking at marriages recorded in the years between 2008 and 2010, we find that 22% of newly-married couples in Western states were of different races or ethnicities, compared to 14% in the South, 13% in the Northeast, and 11% in the Midwest. QUESTION 1: Analyze and evaluate each case independently by providing the following (about two paragraphs per case): LOVING V. VIRGINIA CASE. 1. Facts of the case: In 1958, Mildred Jeter, a black woman...
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