DOMA Argumentative Essay
“Ever since the Defense of Marriage Act (DOMA) became a federal law in 1996, gay advocates have been trying to remove any restrictions from this law and pass same sex marriage as a whole.” (Examiner.com 2006-2015). These advocates wanted this law to pass not only within the state they reside in, but nationwide. During this time, same sex marriage was looked down upon. America is supposed to be the land of the free. How are we free if we can’t marry who we want?
DOMA was passed by the United States Congress in 1996. DOMA delineates marriage as a unification between one man and one woman. “The Defense of Marriage Act (DOMA) is a law that prevented same-sex couples from collecting federal benefits.” (Findlaw.com 2015) It was not fair to same-sex couples. They wanted freedom. They wanted to be treated with equality just like everyone else who was not gay. They were being treated impartially and wanted to have rights equivalent to those who were straight. People who were gay were seen as if they were morally challenged.
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You can also determine consequences whether they are good consequences or bad consequences. Why is it that people who are gay are seen as not knowing morals? It does say in the bible that a man shall not lie with another man, but it also says that God is the only one who can judge. People whom are gay should not be seen as if they do not have morals because being gay is not wrong. Wanting to marry the person you love is not wrong. Discriminating against people is wrong and that should be considered
Fifth Amendment Vs Doma Research Paper
169 Words | 1 Pages: Per KENNEDY. In a 5-4 opinion the court held that Section 3 of the Defense of Marriage Act is unconstitutional under the Due Process Clause of the Fifth Amendment. Justice Kennedy stated “DOMA seeks to injure the very class New York seeks to protect. DOMA violates basic due process and equal protection principles applicable to the Federal Government. The Constitution’s guarantee of equality must at the very least mean that a bare congressional desire to harm a politically unpopular group cannot justify disparate treatment of that group.”
Obergefell V. Hodges (2005)
2137 Words | 9 PagesHodges (2015) the Supreme Court held that the Due Process Clause of the Fourteenth Amendment guarantees the right to marry as one of the fundamental liberties it protects, applying to same-sex couples the same as opposite-sex couples. This case was brought forward by numerous groups of same-sex couples who were suing their relevant state agencies to challenge the constitutionality of those states’ same-sex marriage laws. The Supreme Court found that there is no difference between same-sex marriages and opposite-sex marriages, therefore, the exclusion of same-sex couples from the right to marry violates the Due Process Clause. This is policy making because the Supreme Court forced states to change their laws by deciding that it was against the constitution to not only ban the recognition of same-sex marriages that occurred in states that allowed it, but also making same-sex marriage legal in all states. Government officials even those who do not believe in the law change must abide by it, by allowing same-sex couples their now legal right to be married and receive the benefits that opposite-sex married couples receive; changing the way that citizens and the government interact in societal ways but also financial
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835 Words | 4 PagesAlthough marriage and civil unions should be recognized under the Full Faith and Credit Clause it was not because this clause was primarily used for judicial rulings and was not thought to apply to marriages or civil union licenses. This deals with the recognition of same sex marriages in states, it also deals with the relationship between states. At the time some states such as New York recognized same-sex civil marriages but whether these unions were recognized in other states was an entirely different story. This went on for a while until it was determined that DOMA was not only discriminatory but also went against the Full Faith and Credit
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969 Words | 4 PagesThe fourteenth amendment protects the little people. The people who are slipping through the cracks, the ones that have fallen by the wayside of the majority. Recently, this has meant rulings in favor of same-sex marriage. Historically, it has granted women the right to an abortion and given African Americans the right to go to the same schools as their fellow Americans. In each case, an oppressed or otherwise infringed group from the overreaches of the state, the society at large.
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774 Words | 4 PagesThe equality act holds the evidence of allowing everyone to be considered and given permission to be equal and have rights. But because of the rules against marriage between two different people not in the same race, the act is not being followed and being held back from these people and their natural born rights. Mildred Loving and her white husband Richard Loving got married in Washington since miscegenation laws didn’t allow them to marry in Virginia, they came back to their home and arrested later in the middle of the night because they were living together and because they were together and married they got jailed for a year and banished from Virginia for twenty five years. These laws made them guilty for just loving each other and living together. Miscegenation laws take away their rights to do all of those things and they make the white man unequal to the colored person.
Summary Of William Bennett Against Gay Marriage
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The Importance Of The First Ten Amendments
483 Words | 2 PagesWe are allowed to voice our opinions. There is separation of church and state, which means that there can’t be laws made about religion. Recently, gay marriage was made legal in all fifty states. However, a judge in Kentucky has denied same-sex couples marriage licenses. It could be argued that if she denied it for her own religious beliefs, it violates the First Amendment.
Examples Of Discrimination In The Book Night
155 Words | 1 PagesThere is discrimination in this world to this day, there is discriminations against “people who are gay”. This discrimination is just like the Holocaust, because the Germans didn’t like the jews. I believe the gay marriage should have been approved long before it was. People need to realize judging someone because they are gay is wrong, that person is obviously an idiot. It is not up to people to judge other people because they are gay.
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533 Words | 3 PagesIt took the Supreme Court several years to make gay marriage legal, but they made it legal because it discriminated against the LBGTQ community. If a person of LBGTQ community chose to marry illegally that would have been a reason to go against what the law said, because it was an unjust law and it stands up for equality for
Gay Rights Vs. The Civil Rights Movement
902 Words | 4 PagesThe Civil Rights Movement gained traction around the 1950s, paving the way for many other oppressed groups. These groups fought for different rights, but they still had a similar struggle to the original movement. One of these groups is the Gay Rights Movement. The comparison between the black civil rights movement and the gay civil rights movement is “typically a sensitive subject, even among liberals” (Williams). Some people believe that it is unfair to compare a fight for marriage to a fight to gain equality in every aspect.
Argumentative Essay: The Affordable Care Act
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