Source:ACLU- Edith Windsor talking about her Federal court case. |
"On October 18, 2012, the Second Circuit Court of Appeals ruled that the so-called "Defense of Marriage Act" (DOMA) unconstitutionally discriminates against married same-sex couples. The law had been challenged by Edith "Edie" Windsor, who sued the federal government for failing to recognize her marriage to her partner Thea Spyer, after Spyer's death in 2009. Windsor and Spyer, a couple of 44 years, were married in Canada in 2007 and were considered married by their home state of New York."
From ACLU
The so-called Defense of Marriage Act (which is really just the stop gay people from marrying act) is clearly unconstitutional. And for the life of me, I can't figure out why President Bill Clinton signed this damn law in 1996, other than that the 1990s were a little different from what they are today and even the 2000s politically and culturally and President Clinton wanted to get reelected and was worried that if he vetoed this law, it would hurt him with Independents.
The so-called Defense of Marriage Act (which is really just the stop gay people from marrying act) is clearly unconstitutional. And for the life of me, I can't figure out why President Bill Clinton signed this damn law in 1996, other than that the 1990s were a little different from what they are today and even the 2000s politically and culturally and President Clinton wanted to get reelected and was worried that if he vetoed this law, it would hurt him with Independents.
I'm not a lawyer, (obviously) but DOMA is unconstitutional because it violates the 14th Amendment Clause of the U.S. Constitution. And supporters of this law would say that gays don't have a constitutional right to get married. Well, neither do straights and at least lawyers on the Christian-Right movement, already know that.
DOMA not only violates the 14th Amendment and the Equal Protection Clause, because it creates two classes of Americans, gays and straights and says under law and according to the U.S. Government, straight people are more deserving of their constitutional rights, than gay people. Which is also clearly unconstitutional.