Topic > Is the Defense of Marriage Act Constitutional - 1468

Is the Defense of Marriage Act ConstitutionalIntroductionThe United States Supreme Court ruled in Windsor V. United States on June 26, 2013 that section 3 of the Defense of Marriage Act (DOMA) is unconstitutional. In this case, the Supreme Court ruled that all couples in love who are married and committed to each other deserve respect and legal treatment, which is equal. This ruling will affect married same-sex couples, who will be treated by the federal government like any other married couple. Each will be entitled to federal protections and responsibilities extended to all other married couples (Gacek, n.d.). President Obama along with the Department of Justice should have concluded that it is unconstitutional. Furthermore, they concluded that the federal government could offer no reasonable legal defense in court. Federal DOMA is a law that defines that marriage should be between a man and a woman for all purposes of federal law. Furthermore, the spouse is only a member of the opposite sex. Marriage should be defined or assumed to be a woman-man union made by the courts. DOMA was signed into law in response to the Baehr decision in Baehr v. Lewin [Hawaii] by the United States Congress and President Clinton signed it into law. Congress feared the application of the full faith and credit clause to the state's refusal to recognize same-sex marriages. The law holds that each state has its own power to make decisions regarding the rejection or acceptance of any same-sex marriages created in other states. With DOMA rendered unconstitutional, Congress will have to defend the law in court because it is not supported by the federal government's Department of Justice (DOJ) l...... middle of document ......nton Judicial Appointee: DOMA is constitutional. Retrieved from http://www.nationalreview.com/bench-memos/343644/clinton-judicial-appointee-doma-constitutional-ed-whelanSupreme Court of the United States. (2013). United States of America V. Edith Schlain Windsor and Bipartisan Legal Advisory Panel of the United States House of Representatives. Retrieved from http://www.supremecourt.gov/docket/pdfs/no_12-307_rb_blag_merits.pdfGirgis, S., Anderson, R. T., & George, R. P. (2012). What is marriage?: Man and woman: a defense. New York: Encounter Books.Perkins, J. (2004). Defense of marriage: does it need to be defended? New York: Novinka Books.Cott, N.F. (2002). Public Vows: A History of Marriage and the Nation. Cambridge, MA: Harvard University Press.Clement, P. D. (2013). Is Section 3 of the Defense of Marriage Act unconstitutional? Supreme Court debates, 16(5), 31.