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Obama's 2nd Term: Will the US Supreme Court rule Section 3 of DOMA unconstitutional?

Obama's 2nd Term: Will the US Supreme Court rule Section 3 of DOMA unconstitutional?

Asked by: Super Userkruijs in Politics » United States
Settled on 06/26/2013 20:14 Settled by Super Userkruijs
Winning option:Rules unconstitutional The court struck down Section 3 of DOMA, which limited the definition of marriage as between a man and a woman for the purposes of federal benefits, as a violation of the U.S. Constitution's guarantee of equal protection under the law.

http://www.reuters.com/article/2013/06/26/us-usa-court-gaymarriage-idUSBRE95P06W20130626

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Background

The Second U.S. Circuit Court of Appeals in New York ruled today that the Defense of Marriage Act, more specifically Section 3— the federal definition of marriage between one man and one woman—violates equal protection and is therefore unconstitutional. Today's ruling makes the Second U.S. Circuit Court of Appeals the second federal court to hold DOMA unconstitutional. Today's decision hinges on Section 3 of DOMA, the part of the legislation which defines marriage.

Quite simply, if discriminating against gay men and women is being considered in the same light as gender discrimination, it would make then make the reality of the Supreme Court striking down DOMA all the more likely if (or, at this point, when) they take up the cases. The Supreme Court appeals are currently pending.

http://www.theatlanticwire.com/national/2012/10/federal-appeals-court-rules-doma-unconstitutional/58102/

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   Super Userkruijs

The Supreme Court announced Friday afternoon it will hear its first same-sex marriage cases.

As NBC’s Pete Williams reports, the Supreme Court has granted review of the Defense of Marriage Act and California’s Proposition 8, the voter-approved ban on same-sex marriage in the state.

“The surprise here is Prop 8,” Williams said on MSNBC shortly after the Court’s announcement. He explained that the Court’s decision on Prop 8 would affect California directly because the issue there was that the state gave same-sex couples the right to marry, and then overturned it with a proposition after the fact. However, if the Court decides to dive fully into the issue, it may decide whether or not a state in general had the ability to ban same-sex marriage.

http://tv.msnbc.com/2012/12/07/historic-cases-supreme-court-to-rule-on-doma-prop-8/

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