Showing posts with label unconstitutional. Show all posts
Showing posts with label unconstitutional. Show all posts

Thursday, February 24, 2011

Yesterdays news. . .

. . . of the Obama administration's change in stance on the Defense of Marriage Act was most certainly Good News.

Why jettison DOMA to the proverbial sharks? Because. . . "DOMA has been used by federal officials to justify excluding gay couples from a wide range of benefits that are available to heterosexual couples. These include federal health, Social Security, pension and tax benefits, even to gay couples who were legally married in the handful of states that recognize same-sex unions. The Government Accountability Office has estimated that there are more than 1,000 provisions of federal law "in which benefits, rights, and privileges are contingent on marital status or in which marital status is a factor." Widows have been forced to pay estate taxes, where a survivor in a heterosexual marriage would have no tax bill from an inheritance. Federal employees may not enroll their same-sex spouse in federal health plans or take family and medical leave to care for their partner. Same-sex couples cannot file joint income tax returns or benefit from state retiree health insurance plans that are controlled by federal tax law. DOMA even has been used to prevent a gay couple from filing a joint petition for bankruptcy."

Eric Holder said, the section of the law defining marriage as between a man and a woman is unconstitutional, in the administration's view. Importantly for judicial review, Holder says courts also should apply a heightened level of scrutiny that makes it more difficult for laws to be upheld.

Maybe we really ARE evolving.

(Hear my music at http://www.rayjozwiak.com)