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The Supreme Court and the Defense Of Marriage Act - they almost got one right!!

Updated on August 10, 2013

Will this be only a 'Symbolic' Historic moment for marriage equality for the gay community in this country?

U.S. supreme court judges
U.S. supreme court judges
Edith Windsor, second left, arrives at the supreme court in Washington on Wednesday morning as the court is to hear arguments in her case against on the constitutionality the 1996 Defense of Marriage Act. Photograph: Pete Marovich/ZUMA Press/Corbis
Edith Windsor, second left, arrives at the supreme court in Washington on Wednesday morning as the court is to hear arguments in her case against on the constitutionality the 1996 Defense of Marriage Act. Photograph: Pete Marovich/ZUMA Press/Corbis | Source
displaying gay pride flags in front of the supreme court.
displaying gay pride flags in front of the supreme court.

The Supreme Court and the Defense of Marriage Act - They finally got one right

In June 2013 the supreme court finally got one right - at least partially right.

They found the Defense of Marriage Act to be unconstitutional, in part, and left it up to Congress to "fix" the national problem of discrimination. We all know how that will work out. 20+ years from now they will still be walking around in circles, scratching their heads and wondering what they should do about it. The following was my take on the Supreme court in their deciding to make some kind of decision on the DOMA law. I was not too far off. They are always predictable, but sometimes they manage to fool us with logic to some degree.

Equal rights. Does everyone deserve them? Should any laws be passed based on sexual ""morality" as portrayed by religions? Ridding the world of hatred and discrimination seems to be far in our futures. We cannot have effective political campaigning without a minority to beat up in that process.

I just spent another hour and 55 minutes listening to the supreme court taking arguments for and against the Defense of Marriage Act, passed by President Clinton back in the 90's. Just as the hearings for arguments against Prop 8 in California, it was a lot of repetitious hot air by the sanctimonious bigots trying to justify their hatred, ignorance and discriminatory natures against their nemesis (the spawn of Satan) that they call the "homosexuals" who are leading the world astray en masse.

After listening to that fiasco, i could not decide whether i should run out and get married to escape the wrath of the right, or simply puke.

Those two hours of talking still ends up with the same knowledge: that hate is still hate; ignorance is still ignorance, and both beget discrimination. These judgmental-ists still want the same thing, and that is to shape everyone's lives in their own image.


The following is an excerpt from an article by Jim Newell of the guardian.co.uk:

"As Adam Gabbatt reports, today's round concerns the constitutionality of the Defense of Marriage Act, an election year exercise in hysterical gay-bashing that Bill Clinton signed into law in 1996 to help secure the reelection that he never came close to losing. Clinton now says that he felt bad about this, though, so that makes it okay. And he has since admitted that this major bill he signed into law is really unconstitutional.

The focus will be on the part of the law that denies married same-sex couples the federal benefits that married straight-sex couples receive, which some might suggest is a blatant violation of the equal protection clause."

This extract from an article in the Guardian from the United Kingdom, regarding the Supreme Court hearings on DOMA (the defense of Marriage Act) that concluded 3/27/2013 shows how the U.S., is viewed abroad. Most countries cannot believe how backward this one still is with its rigid pseudo-morality laws.

Below are links to the oral transcript as well as the written transcripts from those hearings. They are lengthy, running about 1 hour and 55 minutes (the oral arguments) so they cannot be printed here in total, if one cares to read or listen to those transcripts, they are available below. I also included a link to the official web site of the Supreme Court if one cares to verify anything i write here, or in the future, on such matters. So these are not merely my "opinions" and are verifiable from these links.

While the world watches and waits for the United States to make their decisions on whether same sex marriages are legal or not; the courts fumble, kick the can, and seem quite incapable of actually making an emphatic decision on these very important issues affecting millions of US citizens, that in turn, will also affect the gay population around the globe. They seem to be unwilling, or afraid, to slight the religious factors, and continue to be in favor of discrimination against a large number the world's populace in order to avoid that religious confrontation.

This court will undoubtedly not make any historic decisions at all on the matter of the DOMA issue.

They actually have 2 choices:.

  • 1. Strike down the DOMA as unconstitutional. That decision would mean the inclusion of every state, without exception.
  • 2. Or they can refer it back to the US Congress to pass new legislature reversing it or maintaining the status quo of discrimination, while the members of congress continue to debate it for the next 50 - 100 years.

Either way, the gay community will continue to suffer discrimination as their status remains as less than second class citizens for an unspecified period of time.

No, the Supreme Court will NOT take away the rights and responsibilities of the individual states to continue to "regulate" marriages and delegate special privileges to the heterosexual population.

Either way, this country will again, look like a bunch of incompetent idiots in the eyes of the rest of the world. We have certainly relinquished our standing of being a world leader by condescending to the religious factors, and because these decisions lack the full support of Corporate America.

After listening to the arguments pro and con for the overturning of DOMA, it is unclear as to which way this supreme court will turn. There is little doubt that they will not make any stance as a 'united' supreme court to influence the prevalence of the discriminatory practices of this particular group of people. It has been the common practice for hundreds of years, so it shall remain until it can be resolved on a state to state basis. So, DOMA itself will probably be deemed unconstitutional, but not on the basis of discrimination toward the gay community, but rather as it being an affront against the individual powers of each state.

Conclusion:

The ultimate decision as to whether there is ever the same level of equality afforded to every single U.S. citizen, not only in the U.S.A, but every other country around the globe, will be made by the people in each state, and each country, after they get sick and tired enough of hearing about the sinful ways of the gays, and the fanatical religious zealots spouting their hatred from their pulpits and their outdated, and untruthful, 'holy scriptures'. For there is rarely any changes made for the good of mankind in this country without mass rebelling against the establishment.

by d.william 03/29/2013

Government denial of equality for ALL military members. Is discrimination every justified?

Bill O'Reilly agrees with same sex marriages? Really? Only to a point

Supreme Court Hears DOMA Case (full audio)

Sam Cooke 1963 A change is gonna come

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