Stephanie Ratzlaff
10-2-13
Intro Redo
Defense of Marriage Act (DOMA) was an unconstitutional act that related social and economic issues for same-sex couples. DOMA was a federal law that was put in place on September 21st, 1996, which gave states the ability to refuse to recognize same sex marriage that was granted with in states that allowed same-sex couples to marry. (Government, 1996) DOMA was overturned June 26th, 2013 and was determined to be unconditional. (Matthews, 2013) The overturning of DOMA has opened so many doors for married same-sex couples. The case of United States v. Windsor was a turning point that helped to start this process.
In United States v. Windsor, Edith Windsor married her partner Thea Spyer in 2007 in Canada and lived in New York City where same-sex marriage was recognized. Spyer died in 2009. Spyer left her estate to Windsor. Before DOMA was overturned the federal government did not recognize same-sex marriage and because of this Windsor was denied a federal estate tax exemption for a surviving spouse. Windsor had to pay $363,053 in estate taxes. Windsor appealed for a refund and was still rejected by the IRS. Following this Windsor brought a refund suit against the United States Supreme Count arguing that DOMA was unconstitutional due to the equal protection clause which stated that her Fifth Amendment rights were being violated. Windsor has suffered economically do to DOMA. The District Count and the Count of Appeals had ruled in her favor and ordered the United States to refund her the $363,053 but the United States still has not refunded her. (Winsdor, 2013)
This country was founded on certain unalienable rights, among them being the rights of “life, liberty, and the pursuit of happiness”. Yet, two hundred plus years after the birth of our nation, our government is now trying to trample on those by trying to restrict who can marry. There is just not an economic downfall because of this there is also a social aspect. The rights of homosexuals compared to the rights of heterosexuals. The government taking a stance on the right of marriage and being in favor of same-sex couples marriage as they are with opposite sex couples marriage would not only be fair but would help bring the nation to a whole; instead the way it stands today the nation is being divided into homosexuals and heterosexuals. This sounds all to familiar from nearly 65 years ago when the government did the same thing and denied whites and blacks to marry. The civil rights movement was such a necessary happening as is the gay rights movement is. If the United States as a whole can overcome racism in the civil rights movement and see that it is perfectly acceptable for interracial marriage; then the United States can do the same and accept marriage of same-sex couples. Therefore letting the American peoples live the life our forefathers stated in The Declaration of Independence “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”