POL303: The American Constitution
Respond to Peers: Respond to at least two of your classmates’ posts by Day 7. In your responses to your peers of at least 200 words, extend the conversation by examining their claims or arguments in more depth or by responding to the posts that they make to you. Keep the discussion on target and try to analyze things in as much detail as you can. For instance, analyze your classmate’s discussion of the politics surrounding this ruling by the Supreme Court. Does their argument reflect their own political biases? Why or why not? Also, support your analysis with examples from the required material(s) and/or other scholarly resources, and properly cite any references.
The Defense of Marriage Act was passed in 1996. DOMA stated that marriage would pertain to a relationship between one man and one woman. States that allowed same sex marriage would not require other states to recognize those marriages. Here are Justice Kennedy’s thoughts on DOMA “He begins the final portion of his opinion by stating "... Congress . . . cannot deny the liberty protected by the Due Process Clause of the Fifth Amendment." Justice Kennedy then frames the Court's holding as "the principal purpose and necessary effect of this law are to demean those persons who are in a lawful same-sex marriage," thereby finding DOMA unconstitutional "as a deprivation of liberty" (Dorocak, 2014, p.268).
DOMA was a congressionally passed law that should have been defended by the Department of Justice. But for some reason the Obama administration decided to abandon DOMA “
In 2011, President Obama instructed the Department of Justice to cease defending Section Three of DOMA, which he claimed was unconstitutional because it discriminated against legally married individuals of sexual orientation minority status. This action led to the development of the Bipartisan Legal Advisory Group (BLAG) of the House of Representatives to continue to defend Section Three of DOMA in court, replacing the Department of Justice” (Sasso, 2013, p.191). As the Obama administration ignored its responsibilities, it was just a matter of time that DOMA would be done. The most credible argument is Justice Kennedy’s because if two same sex people are married than they should not be treated unlawfully.
Dorocak, J. R. (2014). Is THE CONSTITUTION ONLY LIBERTARIAN AND NOT SOCIALLY CONSERVATIVE? U.S. V. WINDSOR AND THE UNCONSTITUTIONALITY OF DOMA's DEFINITION OF MARRIAGE TO EXCLUDE SAME-SEX COUPLES--REOUIEM FOR A HEAVYWEIGHT. George Mason University Civil Rights Law Journal, 24(3), 263-296.
Sasso, T., Sawyer, K., & Martinez, L. R. (2013). From the SIOP LGBT Ad-Hoc Committee: The Repeal of DOMA: A Brief History, and Moving Toward Workplace Equality. TIP: The Industrial-Organizational Psychologist, 51(2), 190-194.