Sunday, July 31, 2011

COURT PAPERS FILED TO REMOVE DOMA

The move to remove DOMA has taken a significant step forward. The fact that the Legislature in New York, with the approval of a number of Republicans on that Legislature, awarded marriage rights to same-sex couples in that state has helped make the following move possible:

New York's law granting marriage rights to same-sex couples has only been in effect for a week, but advocates on both sides of the issue have wasted no time taking their arguments to court.

Attorney General Eric Schneiderman has filed court papers charging that the federal Defense of Marriage Act (DOMA), which defines marriage as being between a man and a woman, is unconstitutional on a number of fronts, including an "unprecedented intrusion" on the right of states to regulate marriage....

In a brief filed in the case Windsor v United States of America, Schneiderman argued that DOMA violates the Fifth Amendment by failing to provide equal rights to all Americans and the Tenth Amendment by impeding the right of states to regulate marriage.


[For the full article, see here.]
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5 comments:

DC HAMPTON JACOBS said...

It's gonna be a tough fight, Jerry, but worth fighting even if we lose. And a loss would only be the battle, not the war. The war for marriage equality will go for a while, even if DOMA is overturned.

Jerry Maneker said...

You're absolutely right, Don Charles. But the only way that marriage equality will become a reality is if most Gay people and allies are on board with the idea that Gay people will no longer accept second-class status, living in cocoons of marginality. Best wishes, Jerry.

Anonymous said...

Fighting for equality is the main issue here. Gay people should be treated equal just like straight people. They also are citizens of the state and their voices should be heard.








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Fear herself said...

Not sure if my last comment posted. but I was saying I agree! I am a gay christian, and I love this blog. When New York passed their gay marriage law I was about in tears. I knew this was a great moment. However, I am a gay christian who lives in fear of who I am. I know one day my fear will be gone! Thanks so much for writing this blog. I have just started one and I hope you can read it. you can read it at;

http://fearherself.blogspot.com/

thanks,
The face of fear herself

Jerry Maneker said...

Dear Fearherself: I hope you will read the links on this blog as well as previous posts that should liberate you from that fear. God doesn't make mistakes! A good book you may want to read is "Gay Christian 101," by Rick Brentlinger. It goes through all of the passages in the Bible that have been used to bear false witness against LGBT people and shows how they have been misinterpreted. My very best wishes, Jerry.