Call it Marriage, Civil Union, whatever pleases you. From the time the Constitution was written up to now, our laws have changed to reflect the evolution of our society. The NYTimes.com editorial, Mr. Obama moves against Bias, on Feb. 23, gives the author’s perspective on our President’s instruction to the Department of Justice to stop defending the constitutionality of the Defense of Marriage Act (DOMA).
DOMA was enacted in 1996, by President Clinton, when the state of Hawaii threatened to legalize same-sex marriage, an act that made Congress come together to vote against it. Our Constitution, however, provides that that “powers not granted to the federal government nor prohibited to the states by the Constitution are reserved to the states or the people” (10th amendment). With that in mind, eight states in our Union recognize same-sex marriages. Also, there is an equal protection of the law amendment (14th amendment), which is self explanatory and goes strictly against the now arguable section 3 of DOMA.
The issue is that if there are eight states that recognize same-sex marriages, might the people who entered into these marriages be discriminated against by the Federal Government?
The effects of repealing this law go beyond just the institution of marriage. It would give same-sex couples the same rights as any heterosexual couples, such as being able to file taxes together, adopt children, requesting legal immigration status to partners, inheritances, medical decisions, etc…
The administration shifted its position because of two recently filed lawsuits. Its defense requires a “high scrutiny test” by the courts, which has become untenable. The conclusion of these cases rests in the hands of the judges, but at least our government is doing the right thing, taking steps to stop defending unconstitutional laws.
In the midst of the controversial subject of same-sex marriage and its underlying issues, this editorial takes a stand with our President, calling the current law deplorable and blatantly discriminatory. And it does not hurt that its vehicle is the reputable NY Times, which targets literate, well-educated people, interested in politics and current affairs.
In a true democracy, the citizens have rights and duties and rights is the keyword here. We have evolved throughout time, we have voiced our opinions and desires, and we expressed our views to our elected politicians so they can fight for our interests. We achieved the right to vote for women and black people, we desegregated our society, interracial marriages are legal… there are numerous examples of similar instances where our laws finally caught up with society changes. This issue is no different. Watch history as it happens!
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