The Defense Of Marriage Act (DOMA)

The year is 2015 and I can’t imagine not having the freedom I do today. Marriage equality is a very recent topic in history. It wasn’t very long ago that laws prohibited the marriage of same-sex couples. I have decided to investigate the history of marriage equality and the organizations that helped make the dream come true. In order to fully understand the changes that occurred, and to comprehend the level of discrimination that was felt in the homosexual culture, one must first understand the history of the LGBTQ (lesbian, gay, Bisexual, Transgender and Queer) community. The harsh history of the LGBTQ community, and discrimination that was imposed on them and the organizations that strived to advocate for the LGBTQ community on a local, regional and national level is what eventually lead to the Supreme Court ruling on June 26th, 2015, stating that states cannot ban same-sex marriage.

In 1996, President Bill Clinton signs the Defense of Marriage Act. The Defense of Marriage Act (DOMA) allows for all the states to deny same-sex couples the same rights as their counterparts. It also gives a formal definition to marriage as the union between a man and a woman (Same Sex Marriage, 2017). The bill does violate the Establishment clause in the First Amendment as the government fails to separate church and state. The document does allude to the book of Genesis when it defines marriage as the union between a man and a woman (Text-HR, 2017). However, most of the nation did not approve of same-sex marriages as the time so the President chose to sign the bill that would later be revoked because of court case Obergefell vs Hodges (Same Sex Marriage, 2017).

Two New York residents, both women, married lawfully in Canada. When one of the spouses, Thea Spyer, died, she left her estate to the other spouse, Edith Windsor. Windsor was not able to claim the estate tax exemption for surviving spouses because of the Defense of Marriage Act (DOMA), a federal law that excluded same-sex partners from the definition of “spouse” in its statutory use. Both the district court and the court of appeals found that portion of the statute unconstitutional.

In defense of marriage by John Corny, President Bill Clinton and the government were able to approve the defense of marriage act (DOMA). DOMA is defined as the union of a man and a woman which it was what mostly of the people consider to be right. The main question is if people should continue this or change? The answer is that many activists have been trying to change that definition. This changes has already begun in many states of the country , and those who supported DOMA long time ago, are not able to support marriage today. There is one thing that has never become different, it is how people think a kid is best raised by a woman and a man. However, today marriage appears to be in a general agreement that is being complicated.

This act was passed to define and protect the institution of marriage which is supposed to be “between a man and a woman”. As a tactic, the state of Vermont promoted same sex marriages by labeling them as “civil unions” (Schowengerdt, 2002). The state of Vermont felt civil unions would provide gays and lesbians with the same financial benefits as heterosexual couples (Stewart, 2004). In 1998, Hawaii’s stated legislation implemented the DOMA amendment that altered the state’s constitution and rejected same sex marriages (Schowengerdt, 2002). Between 1995 and 2000, 28 states passed laws preventing the recognition of same sex marriages (Schowengert, 2002). The purpose of the DOMA was to prevent gays and lesbians from “exporting same sex marriages to other states” (Finnis, 1997). A Florida Federal Judge denied two women recognition of their marriage which took place in Massachusetts. As a result of this denial, attemtps were made to force other states and the federal government to recognize same sex marriages in states where it is legal (Stewart, 2003).

The Defense Marriage Act is also known as DOMA. This act has been around for decades and continues to change over the years to shape individuals rights and needs. Individual’s perception of marriage equality is constantly evolving, and the number of government officials that recognize same-sex marriage is constantly changing (Rodriguez & Blumell, 2014). This act not only affects the LGBTQ community and their families, but also affects the whole nation. Many have different opinions on the topic and what should be in the Defense Marriage Act. Some were elated with the recent decision in the summer of 2013 the LGBT community where included in the Defense Marriage Act. This arose when the language of section (2) in the DOMA, was defined as unconstitutional

Almost three years ago from today did the U.S. Supreme Court struck down the definitions of the Defense of Marriage Act as unconstitutional. In result to this ruling same-sex married couples are now recognized by the federal government and qualify for federal benefits, not limiting to immigration status. Social Security Administration continue to determine eligibility for benefits based on where a couple resides, not where they were married (NOLO).

As everything in life has its effects, DOMA had a negative affect, which appeared over time. The good side was that this law was applied to the majority and gave strength to a lot of people but since there was a minority, which doesn’t agree with DOMA, it turned negative. DOMA caused many problems to these minority people, causing many spouses to not get the same rights and claims as others. For example, as a same-sex marriage spouse you couldn’t claim your spouse as anything because according to the state law it’s not a legal marriage. Others faced problems such as they couldn’t even visit their spouse or help in any health issues because of the requirement that they be immediate family, and they were not recognized as spouses. DOMA law in section 2 said, “No state has an obligation to recognize marriages that

Presidential candidate Barack Obama declared just prior to the 2008 General Election, “We are five days away from fundamentally transforming the United States of America.” Fast forward seven and a half years later and the now President Obama has made good on this threat.

Looking back throughout history at the rights of Lesbian, Gay, Bisexual, and Transgender individuals, it isn’t hard to see that we have made the majority of our strides in the past 10 years. As a society we have decided the time is now to put an end to the lack of rights for people of different sexual orientations. Accepting LGBT individuals and providing them the same rights and protections as all other Americans makes us a more united, respectable Country. Everyone deserves equal treatment and opportunities regardless of what their sexual orientation may be.

Doma or The Defense of Marriage Act was passed in 1996 in efforts to stop same-sex marriages in fear of the debate in Hawaii. Doma this labeled gays as immoral, perverse, depraved, and an attack on God’s principles. Congress passed Doma defining marriage as between a women and a man for the first time in history (Stone, 2012). Congress was clearly influenced by religious beliefs in passing Doma, which makes this unconstitutional. The United states government provides many benefits to married couples such as federal employees are entitled to medical coverage, the spouse of an individual covered by Social Security is eligible for retirement and survivor benefits, and married couples who file joint tax returns usually pay considerably lower federal income taxes than individuals who file separately (Stone, 2012 p.1). However, gay couples are refused these rights under law. Gay couples are denied many rights making them second class in the eyes of the government. If the partner of a gay couple was to be hospitalized the other can be denied rights to see them because they are not considered family. If the partner was to pass away the family can come in and make all the decisions even though it might be against the wishes of the deceased. The family can then take everything away from the surviving partner that dedicated their life and love to. The

The struggle for equality has been intense, and still continues to this day. With this being said, much progress has been made in establishing respect and external acceptance for all individuals sense of identity. For example, in 2015 the Supreme Court ruled in favor of Same Sex Marriages, marking a pivotal point in the civil rights movement for the LGBTQ community. For many, this act helped to support their sense of self, a right that been denied for so long. The United States effectively validated the LGBTQ community, giving this group all rights granted to all other citizen’s, However, the creation and acceptance of this community has not had positive benefits for all members. The Gender Binary has been changed, but many distinctions

Lesbian, gay, bisexual and transgender individuals, also known as LGBT population have experienced a great deal of oppression worldwide. These particular individuals undergo discrimination from society, whether for reasons of ignorance, fear or intolerance, this population faces challenges in multiple areas of social justice sexual. Although the LGBT culture has made some strides in the areas of state and federal legislation, there is still a wide range of criminalization that takes place within our culture. Understanding the LGBT community and the history of their oppression may be the first step in becoming culturally competent. For many years this culture was denied their basic constitutional rights that were afforded to their equal heterosexual peers. Basic rights such as, adoption and marriage were uncommon to this culture until the 20th century.

The present essay aims to analyse and discuss how social actions related to gender and sexuality have given rise to social change. Particular attention will be given to how views and opinions on gender and sexuality have positively evolved throughout the years as a result of decades of social activism led by the members and allies of the LGBT community. In order to do so, the current paper will firstly provide a concise account of how gender and sexuality were seen in the former times, which will be then compared to more current perspectives. Secondly, the paper will present a brief overview of the history of the LGBT movement, and highlight its main milestones. Significant emphasis will be given to how these salient occurrences have significantly affected today’s perception and attitudes towards the LGBT community in the majority of the world countries. In conclusion, the current essay will introduce and explore the recent ongoing activism that has been occurring globally within the LGBT community.

Before the legalization of marriage equality was established, the Defense of Marriage Act (DoMA), had been reigning since 1996, when President Bill Clinton signed it into a law after it was passed through