Skip to comments.Appeals court strikes down DOMA: Tradition doesn't justify unequal treatment (+video)
Posted on 05/31/2012 1:49:02 PM PDT by 2ndDivisionVet
The federal appeals court in Boston struck down the Defense of Marriage Act on Thursday, ruling that the federal statute violates the constitutional rights of gay and lesbian married couples to equal treatment under the law.
The action by a unanimous three-judge panel of the First US Circuit Court of Appeals sets the stage for a much-anticipated showdown at the US Supreme Court over same-sex marriage.
Declaring that tradition alone was not enough to justify disparate treatment of same-sex couples, the appeals court said DOMA failed to pass constitutional muster.
Under current Supreme Court authority, Congress denial of federal benefits to same-sex couples lawfully married in Massachusetts has not been adequately supported by any permissible federal interest, Circuit Judge Michael Boudin wrote for the court in a 28-page decision.
Joining the decision were Chief Judge Sandra Lynch and Judge Juan Torruella.
The decision comes three weeks after President Obama announced his support of gay marriage. The Justice Department had initially worked to defend DOMA against the Massachusetts-based legal challenges, but last year announced it would no longer argue for the statutes constitutionality....
(Excerpt) Read more at csmonitor.com ...
Holy matrimony is a sacrament of the Church.
Since most liberals believe there must be “Separation” between Church and State, couldn’t it be argued that defining homosexual unions as “marriage” is a direct violation of their own definition of the law?
They should just stick to “Civil Unions” and stay OUT of religion.
Judges are in desperate need of a science education regarding the FACT that behavior is NOT an immutable trait and there is no homosexual conduct gene.
And, to continue but in a sardonic vein, isn’t that monstrously unfair to the men who can handle two wives, or — even closer to the issue — who are bisexual and want to marry one of each?
His past policy decisions in MA preclude Romney taking up this fight. He can’t possibly get away with an “evolved” position in the media like Obama can.
Mais non, I think there’s room for Mitt to frame permissiveness a la Massachusetts as an individual states’ rights issue, without the need for Uncle Sam to weigh in, and thus deftly dodge the political question.
the convo started when she claim rightwingers always bring up the “what about a animal and a human” argument.
And I said, “I wasn’t making that argument but what about a grandson and his grandmother”
I didn’t go into a lot of detail after she said it was ok and why not “if any two people love each other they should be allowed to get married”
I honestly believe their are enough people with influence who don’t care about the sex, relation, or age.
Afterall, we are talking about many of the same people who would mutilate and destroy a living fetus for any reason. Probably more than we know who would support infanticide for any reason.
never heard that one before
“Tradition doesn’t justify unequal treatment”
So basically anything can get “married”?
Dogs and humans?
Kids and adults?
Way to go, idiots!
Here’s what I don’t get. Why doesn’t Texas law get to be enforced in Massachusetts? Isn’t that the argument the homo’s are making about exporting their pervert state laws?
There is actually a case just like this where they are demanding this "right." I'll try to dig it up.
Boy, are these judges gonna be surprised when they stand before St. Peter one day and realize that God doesn’t always treat equally either.
There’s right. And then there’s WRONG.
Lib: “Christian Church! The law says you must marry these two nice gentlemen.”
Pastor: “Sorry, we don't perform marriages at all. We do have Religious Unions, but those are only for a man and a woman. Best as I can tell, the law only applies to Marriage.”
Yes, it's petty, pointless, and childish, but I do so love watching the hissy fits this would create.
“In terms of morality, the judge cited the Supreme Courts 2003 decision striking down a Texas sodomy law. Moral disapproval alone cannot justify legislation discriminating on this basis, Boudin said.”
Typical liberal Democtat judge in America.
This is another reason that Romney must be beaten. A court like this is also likely to force polygamy down our throat, particularly if there should ever be a Mormon president.
One thing those prevert judges seem to miss, all laws are based on tradition...it is tradition not to steal or kill. For instance, where the “tradition” of stealing is not a law can be found in the island nations of the pacific where there was no such thing as stealing because there were no private property traditions.
Well, I hate to say it, the only way around these assh..ls, no pun, is to get an amendment out that says marriage is between one man and one woman. I hate moral amendments but like with prohibition there was one already. Woe be the politician who does not support this issue as it is one sided in the polls...we win, they lose.
It’s a good day for the libs in their campaign to rip traditional morality from America.
God defines marriage, not the State. Anything a State defines is a legal fiction. Jesus tells us that from the beginning of humanity, it was God’s intent that marriage would only be one man and one woman. Scripture in many ways and places also tells us that God defines sexual morality and that people who refuse to practice that morality cannot qualify for the freely given gift of eternal life.
The State attempts to force us to recognize its power. One way is to presume the power to define who is married and who is not. We cede this power in part because we allow the State to tax incomes and estates, so to administer such taxing power, the State must define who it considers to be “married” and who is not. Just as when it defines a corporation to be a “person”, the State does not hesitate to define anyone it pleases as being “married, totally apart from how God would define it.
I dont want a government that can tell me what I may or may not do in the privacy of my own home or relationships. In a Constitutional Republic with a provision that prohibits Congress from making any law respecting religion, I have to allow others to have their own beliefs and morality. I can only be an advocate for the morality and beliefs that I think are true. I take my understanding of sexual morality from Scripture and that is where I learn that God considers sodomy to be an abomination.
If a State decides that two (or more) people can marry, if that is all that happened, I could live with that because I don’t have to approve, change my beliefs or what beliefs I pass on to my children.
However, once gays have sufficient influence with a State to redefine marriage, gays dont stop there. They use the State to forbid me from acting on my morality and beliefs. In fact, the State in some cases forces me to accommodation in their practices.
If I have children in public school, the State will insist on teaching them that gay marriage is just as normal as godly marriage. You will be sanctioned as a parent if you attempt to remove your child from such indoctrination.
If you run a business that could provide services to gays, you will be sanctioned if you decline to treat them as any other customer. For example, if you run a wedding photography business, you will be sanctioned if you decline to photograph a gay wedding.
In short, gays will jam their lifestyle down our throats because when the State says they are equal it is forbidden for a private citizen to dissent from that status. In doing so, they seek to force me to give them approval for something that I will never approve of. It is that last point that galls gays the most.
Curiously, when liberal advocates of gay marriage are asked if their policy also would allow polygamy or polyandry, they recoil in horror and insist that it does not. However, logic demands that it does.
I would ask how same-sex parents are going to react in the future when Utah public schools insist on indoctrinating the children that LDS-related polygamy is just as “normal” as same-sex “marriage”. The fact that this will be an issue will show yet again that gay “marriage” is not about marriage at all, it is about forcing the rest of us to approve of repugnant sexual immorality, something that LDS polygamists never demanded.
How about a father marrying a minor son? If the state decides to allow it, does that then compel the feds to recognize it as a legal marriage?
The whole house of cards falls down under the twisted logic of permitting homosexuals to shack up and pretend that the word marriage means something different. So under this ruling, California’s ‘medical marijuana law’ requires medicare to provide payment for prescriptions issued, right?
There is no way of escaping this; the more the courts twist to make it sound reasonable, the more holes they drive through the entire legal system in an urgent hurry to bring political correctness and legitimacy to homosexuality.
I ask the same question over and over: How does one argue against polygamy using the logic that marriage can mean whatever someone decides it mean at the spur of the moment? ‘One person marrying one person’ - seems a far less leap to ‘multiple persons’ once you’ve blasted ‘one man and one woman’...
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