Thursday, October 18, 2012

Doma Being Found increasingly Unconstitutional

The Defense of Marriage Act ( DOMA) was, for the second time, found Unconstitutional. Today a Federal Court of Appeals (2nd Circuit Court of Appeals) in New York, has struck down the law signed by Bill Clinton in 1996. In its ruling the against DOMA, The Honorable Dennis Jacob stated:
The question is not whether homosexuals have achieved political successes over the years; they clearly have. The question is whether they have the strength to politically protect themselves from wrongful discrimination,
This ruling was decided as a consequence of DOMA being unfairly used against 84 year old Edith Windsor, who lost her spouse, Thea Clara Spyer. The pair had been engaged since 1967 and were married in Toronto, Canada, in 2007. When Thea Clara Spyer, died in 2009 of multiple sclerosis, Edith Windsor under DOMA was forced to pay $363,053 in federal estate tax. A tax she would not have been forced to pay, had she been heterosexual. It is therefore no wonder that this law is on its way to being relegated to the dustbin of history. No doubt as a reminder of how discrimination cannot be written, nor enforced into the laws of America for long. Speaking of the case which she initiated in 2010 Ms. Windsor stated:
This law violated the fundamental American principle of fairness that we all cherish
I couldn’t agree more. It is especially emotional for myself and my spouse, since DOMA was enacted in 1996, the year that we met and started sharing our lives together. Those that are in favor of DOMA stripping away one of the most fundamental rights of anyone..including those in the LGBT community, will soon be mourning the demise of DOMA. It seems that this case is quickly headed to The U.S. Supreme Court, where it will no doubt be laid to rest. I for one, will be glad to help put as many nails in that coffin as needed.


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