Supreme Court strikes down Defense of Marriage Act

Here is my take on this Bullshit…  Abolish all right for married people.  Why the Gov has to make special rights for married people when the most important part are the INDIVIDUAL RIGHTS !  What we need is a smaller Government and Less Legislation.

By Pete Williams and Erin McClam, NBC News

In a landmark ruling for gay rights, the Supreme Court on Wednesday struck down the Defense of Marriage Act, the 1996 law blocking federal recognition of same-sex marriages.

The decision was 5-4, written by Justice Anthony Kennedy.

The law helps determine who is covered by more than 1,100 federal laws, programs and benefits, including Social Security survivor benefits, immigration rights and family leave.

“DOMA instructs all federal officials, and indeed all persons with whom same-sex couples interact, including their own children, that their marriage is less worthy than the marriages of others,” the ruling said.

“The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity.”

Kennedy was joined in the majority by the four members of the court’s liberal wing, Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan. Dissenting were Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas and Samuel Alito.

Scalia, in his dissent, wrote: “We have no power to decide this case. And even if we did, we have no power under the Constitution to invalidate this democratically adopted legislation. The Court’s errors on both points spring forth from the same diseased root: an exalted conception of the role of this institution in America.”

Cheers went up outside the Supreme Court, where supporters of gay marriage waved signs, rainbow banners and flags with equality symbols.

The ruling comes as states are authorizing gay marriage with increasing speed — 12 plus the District of Columbia now allow it — and with public opinion having turned narrowly in favor of gay marriage.

Under the law, gay couples who are legally married in their states were not considered married in the eyes of the federal government, and were ineligible for the federal benefits that come with marriage.

The case before the Supreme Court, U.S. v. Windsor, concerned Edith Windsor and Thea Spyer, a lesbian couple who lived together in New York for 44 years and married in Canada in 2007.

When Spyer died in 2009, Windsor was hit with $363,000 in federal estate taxes. Had the couple been considered by the federal government to be married, Windsor would not have incurred those taxes.

President Bill Clinton signed the act into law in September 1996. A court ruling in Hawaii had raised the prospect that that state might become the first to authorize gay marriage.

At the time, some members of Congress believed that the Defense of Marriage Act might be a compromise that would take the air out of a movement to amend the Constitution to block gay marriage.

This story was originally published on Wed Jun 26, 2013 10:04 AM EDT

 

Link…

http://nbcpolitics.nbcnews.com/_news/2013/06/26/19151971-supreme-court-strikes-down-defense-of-marriage-act?lite

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