Stephanie Ratzlaff
Outline – DOMA
I. INTRO
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 too 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.
II. DOMA
A. The article of Beyond DOMA: Choice of State Law in Federal Statutes.
a) In this article it discusses the overturning of DOMA and what will be put in place of it. DOMA held the definition of marriage in the eyes of the federal government here it discusses what will be put in place of that. The article also discusses how state laws determine marriage and what the overturning of DOMA means for that.
b) This article relates to my conflict because even though DOMA has been overturned there are still many same-sex couples who live in states where same-sex marriage is banned or not recognized Therefore what is put in place of DOMA is just as important to same-sex couples as the overturning of DOMA was.
B. The article of Do the Supreme Court’s same-Sex Marriage Decisions Raise More Questions Than They Resolve
a) In this article it discusses the two main Supreme Court cases on gay marriage rights, which were, DOMA (U.S. v. Windsor) and Prop 8 (Holingsworth v. Perry). The article discusses if the Supreme Court’s decisions on these two cases raise more questions than results or answers. Due to the overturning of DOMA and the federal government recognizing same-sex marriage it bring cases in states where it is banned in such as Pennsylvania.
b) My conflict relates to this article because my direct conflict is DOMA and U.S. v. Windsor. This article is discussing the aftermath of my conflict and what the results of my conflict have left in unanswered questions from the decision of the Supreme Court.
III. The conflict of U.S. v. Windsor is not just about DOMA it ties into so much more in the LGBT Community and what rights homosexuals have and what rights everyone else has.
A. The Financial impact for same-sex marriage couples because of the overturning of DOMA
a) According to CNN money and Time Business and Money both articles many same- sex married couples will benefit financial due to of overturning from DOMA, in area such as:
– A Lesbian couple in CA estimates they could save over $10,000 a year just by being able to file their federal taxes together.
– A Gay couple in MD estimates they can save $7000 to $9000 in legal fees by avoiding the gift tax for transferring assets to each other.
– A retired federal employee from CT will finally be able to extend her health benefits to her wife.
B. The article of Why Gay & Lesbian Couples Pay MORE
a) This article discusses the important need for same-sex couples to have marriage rights and legal protections. It discusses the large financial difference of fees and such that same-sex couples have compared to opposite sex couples.
b) This article relates to my conflict because Windsor had to play a large amount in estate tax due to Spyer leaving her estate to her wife. This is something that for example my parents would not have to worrying about because they are husband and wife.
C. Gay Rights v. Human Rights
a) Every human being has rights in this country. Why is a difference of sexual orientation be grounds to say that someone should not be afforded the same rights as anyone else? This isn’t the first time the United States has dealt with issues involving discrimination; such as how at one time blacks and whites could not be married. Why after over 50 years is the country still facing issues of segregation, only this time not based on race, but sexual orientation.
b) In 1967 in the United States Supreme Court decision on Loving v. Virginia. It was a landmark civil rights decision, which invalidated laws prohibiting interracial marriage.
c) In 2013 the United States made ground- breaking history in the overturning of DOMA. When DOMA was overturned in June of 2013 it was just the beginning since then on Monday October 21st, 2013 New Jersey same-sex couples are able to legally get married. This makes New Jersey to be the 14th state plus Washington DC to allow same-sex marriage.
d) Be on the right side of history when society didn’t agree and let blacks and whites to marry, those people who wanted to be together found a way and fought for their right to marry who they chose to be with; just as today gays and lesbians found a way to be together and are fighting to be equal as heterosexual married couples.
e) The article of Sacred Rite or Civil Right? Sacred Rite or Civil Right?
(a) This article discusses is marriage a sacred rite or civil right? This article discusses “that the gay –marriage debate is less about the legitimacy of the legitimacy of the loving relationship of same-sex couple than about the relationship of church and state and how they define marriage” (Moody, 2004)
(b) This article relates to my conflict in the bigger theme of gay marriage. Is marriage a religious thing or a government paper trail? Therefore is a sacred rite or a civil right.
IV. The New Way – Conclusion
A. The article of Same-Sex Marriage: A New Social Phenomenon
a) In this article they are researching same-sex marriage particularly in the United States, where it is a major political, religious, and legal issue. This article does take into account age, sex, and public sentiments about same-sex partnerships. Some of the results or conclusions this article came to are; same-sex marriage is a new type of marriage and family, the majority of same-sex marriages have been between lesbians (the reason is unavailable from data), and “same-sex marriage has notable social, economic, and political con- sequences and implications, especially with respect to rights, benefits, privileges, and services provided by governments as well as having consequences with regard to child adoption and parenting by same-sex couples.” (Chamie & Mirkin, 2011)
b) My conflict relates to this article because although Windsor and Spyer were legally married when Spyer died it was because of the federal government not recognizing their marriage as a marriage as they do for opposite sex couple. If they did Windsor would have been able to claim the surviving spouse estate tax. This article connects to the themes in my conflict because it discusses the social and economic consequences especially with respect to rights, benefits, privileges, and services provided by governments. This article also does help me explain what is happening in my conflict.
B. Last end paragraph
We live in the United States of America, which was founded on certain liberty’s such as Life, Liberty and the pursuit of Happiness; as I wrote this paper I found key points of society, state, and government deciding who can marry who, whether it was in the history of the United States with the conflict of blacks and whites not being able to marry or if it was in today’s conflict of same-sex couples not being able to marry. Just as the United States made groundbreaking history in 1967 in the United States Supreme Court decision on Loving v. Virginia. This was a landmark civil rights decision as I stated previously. Now in 2013 the United States made ground- breaking history in the overturning of DOMA. This has allowed same-sex couples to be treated equal in the eyes of the federal government. Even though same-sex couple are equal in the federal government, same-sex couples are not equal in all states but; when DOMA was overturned in June of 2013 it was just the beginning since then on Monday October 21st, 2013 New Jersey same-sex couples are able to legally get married. This makes New Jersey to be the 14th state plus Washington DC to allow same-sex marriage. In time it is my belief from the overturning of DOMA and the federal recognition of same-sex marriage that in all states will follow as they did with blacks and whites marrying. Slowly be buy surely there will be marriage equality for all in the United States of American.
V. Bibliography
104th Congress Public Law 199, Public Law 104-199 (104th Congress 9 21, 1996).
Baude, W. (2012). Beyond DOMA: Choice of State Law in Federal Statutes. Stanford Law Review , 64 (6), p1371-p1430, 60p.
Brown, C. M. (2013, Apr/May 1). Why Gay & Lesbian Couples Pay MORE. Black Enterprise , 43 (8), pp. p36-40 5p.
Chamie, J., & Mirkin, B. (2011). Same-Sex Marriage: A New Social Phenomenon. Population and Development Review , 37 (3), 529-551.
Ellis, B. (2013, 6 26). Same-sex marriage ruling: Financial Impact. Retrieved 9 25, 2013, from CNN Money: http://money.cnn.com/2013/06/26/pf/same-sex-marriage/index.html
Loving v. Virginia, 388 U.S. 1 (SUPREME COURT OF THE UNITED STATES 06 12, 1967).
Matthews, D. (2013, 6 26). The Supreme Court struck down part of DOMA. Here’s what you need to know. Retrieved 9 30, 2013, from Washington Post: http://www.washingtonpost.com/blogs/wonkblog/wp/2013/06/26/the-supreme-court-struck-down-doma-heres-what-you-need-to-know/
Moody, H. (2004, 7 5). Sacred Rite or Civil Right? Nation , 279 (1), pp. p28-21. 4p.
UNITED STATES v. WINDSOR, EXECUTOR OF THE ESTATE OF SPYER, ET AL., No. 12–307 (SUPREME COURT OF THE UNITED STATES 3 27, 2013).
Walsh, D. M. (2013). Do the Supreme Court’s Same-Sex Marriage Decisions Raise More Questions Than They Resolve . Benefits Law Journal , 26 (3), 4-34. 31p.
White, M. C. (2013, 6 27). How the DOMA Ruling Will Affect Gay Couples Finances . Retrieved 9 25, 2013, from Time – Business and Money : http://business.time.com/2013/06/27/how-the-doma-ruling-will-affect-gay-couples-finances/
Information Literacy: Conflicts 