Tuesday, October 23, 2012

NY appeals court strikes down Defense of Marriage Act

New York (CNN) - A federal appeals court in New York became the nation's second to strike down the Defense of Marriage Act, finding that the Clinton-era law's denial of federal benefits to married same-sex couples is unconstitutional.

The divisive act, which was passed in 1996, bars federal recognition of such marriages and says other states cannot be forced to recognize them.

The 2nd U.S. Circuit Court of Appeals determined Thursday that the federal law violates the Constitution's equal protection clause, ruling in favor of a widow named Edith Windsor, an 83-year-old lesbian who sued the federal government for charging her more than $363,000

The case centered on the money Windsor wanted back, but raised the more looming question of whether the federal government can continue to ignore a state's recognition of her marriage and financially penalize her as a result.

"Homosexuals are not in a position to adequately protect themselves from the discriminatory wishes of the majoritarian public," wrote Dennis Jacobs, a conservative judge in New York.

A federal appeals court in Boston made a similar ruling in May, but the moves are considered largely symbolic as the issue is expected to eventually be taken up by the U.S. Supreme Court.

22 comments:

  1. I think that people shouldn't be able to marry the same sex of people
    matthew hodek
    Period 3

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  2. I think that a man should marry a women and a man should marry a woman.I don't believe that the government should allow a man and a man married and not a woman and a women married either. They should not get the same benefits as a married couple.

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  3. Look above for my comment


    AshleyOtto p2

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  4. I think that gay couples should have the same benefits and opposite couples. There humans to so what if they like the same sex. It doesn't make them that different then all of us.

    Bryanna Bue p7

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    1. I agree with Bryanna they should have the same rights as everyone else. Even if the laws against gay marriage continue that doesn't mean there aren't going to be gay couples.

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  6. I think gay's should get the same benefits as any normal couple(well they're not normal either but still). I don't really care who ever is married as long as they are in love, that is what it's all about right? Better then getting into a loveless marriage(like an arranged marriage).

    P. Kevin Bouphasavanh
    P:3

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  7. I don't think they should get those benefits.
    If anything, they should be grateful for the benefits they get!

    It kinda makes me uncomfortable and plain old sick. I actually want to hurl.

    Katie Anderson
    Hour: 2

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    1. It shouldn't matter if your gay or straight, Katie. Everyone has a right to be treated equally. Everyone has a right to be with whom they want to be with, and love. Nobody especailly small minded people have the right to try and tell people who aren't the same as everyone else how to live their lives.
      Marlee Flick
      Hour: 3

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    2. I agree with Marlee, people shouldn't get their rights taken away because they're gay. They are just like any other person and shouldn't be treated like animals.

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  8. Oh, and Kevin...you're in period 2- not 3
    ;)

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  9. To be honest I think its only a matter of time before its legal. Why don't we just bring back slavery and make it illegal for women to vote while we're at it? Think about it, how we think about gay people is no different then how people used to think about blacks, natives and women. I'm not saying i'm for or against gay marriage although.

    Alex Pederson 3rd

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  10. This whole "problem" people have with gays is getting VERY boring and their reasons are unreasonable. Being gay isn't a choice, it's how they're wired. To those who have issues with people that they think are different for being gay, get over yourselves. You're not God, so you don't have a say in how you think they live their lives. It's not like they're hurting you. So instead of fussing over pathetic problems, such as gay rights, we should focus on more important issues that'll help the economy and such.

    McKayla B.
    P.7

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  11. I feel it's not fair for others to judge people for being gay. Everyone has a right to marry who they want. Staright and gay people should have the right to have the same beneifits as everybody else.
    Marlee Flick
    Period 3

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  12. I don't believe that gay couples should be allowed to marry legally. The choices they make do not line up with the way our founding fathers intended our country to be run. I think that if they could see the way American society is behaving, they would be ashamed of us. It has nothing to do with enslaving anyone, and yes, it is their choice. However, the choices that gay couples make are not usually healthy, safe, or moral. I'm not judging anyone, but I don't think that homosexuals are right, or that they should be allowed government funding to continue in their wrong behavior.
    Abby Johnson, Period 3

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    1. Abby, obviously you are judging read what you wrote, and then tell everyone your not judging.If people want to be gay let them be gay! It's their right that's why we have free will and democracy. People can live the way they want to. It's freedom of choice. I think the goverment has way better things to worry about besides this.

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    2. Healthy? Safe? Moral? First off, how is homosexuality "unsafe" or "unhealthy"? As for immoral, I can't think of anything more immoral than the government legislating how people can behave, which is exactly what this is.

      Andrew Hagen Period 3

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  13. I think it should be legal for same sex marriage,If two people are happy together then let them be together.If they arent ausing any harm why worry about it? They should be treated the same they're humans too.
    Annie fredericks,Period 3

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    1. I so agree with, Annie! Life is to short to not be happy.

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  14. I feel like people should be able to show love to whomever they would like.It's there choice in life and so be it. I'm not going to go around telling people they cant love someone. Like Marlee said it's freedom of choice. Gays should have the same rights and benefits that everybody else does. The reason this is such a hot topic i feel is because people like to start drama and cause people to be unhappy. What's wrong with you? Let a person be who they want to be. I know if it were you you wouldn't want people judging you or telling you that you can't marry the person you love because of there sex.

    Molly B. Hour 7

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  15. I fail to see how my personal opinion means I'm judging gay people. I just believe it is wrong. Terribly sorry for having a different opinion than you.
    Abby Johnson
    Period 3

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  16. The fact that this is even an issue is idiotic. How on earth does a person's being gay have any affect on anyone else? If you think it's wrong, fine that's YOUR choice, but forcing your ideals down other people's throats, to be accepted only when they're just like you, is discrimination at it's lowest, hateful, and downright wrong. If a church wants to marry two persons of the same sex then have at it! They don't have to if they don't want to! They turn away even same sex couples when they feel it right to do so. If two people of the same gender are in love, you can't take away their right to that happiness! Put yourself in their shoes for 5 seconds, and you'll realize that by simply not recognizing their marriage is the same as slapping them in the face and saying "You're different so you're worth less then the rest of us." This issue is no different then putting down women or people of color. I beg you, PLEASE STOP.
    Shelby H, Per 3.

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