What is DOMA?

DOMA
“Defense of Marriage Act”
This law was passed by Congress and signed by Bill Clinton in 1996. It forbid the federal government from recognizing same-sex marriages. However after being challenged by Edith Windsor, the Supreme Court took the necessary steps on June 26, 2013 to strike down the act completely.

In 2007, Edith Windsor and Thea Spyer married in Canada. When Thea had died in 2009 she left her entire estate to Edith. However when Edith went to claim her federal estate tax exemption for surviving spouses she was denied. This was heavily due to section 3 of the DOMA, stating that marriage may only be define as between a man and a woman. Thus the lovely federal government charged her $363,000 in estate taxes, yet if she had been married to a man she would have paid nothing. Edith contended that DOMA had violated the principles of equal rights protection as stated in the 5th Amendment. Such a claim brought forth the Justice Department to find DOMA unconstitutional and no longer defend it.

MAJORITY OPINION:

“The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity,” Justice Anthony Kennedy wrote in the majority opinion. “By seeking to displace this protection and treating those persons as living in marriages less respected than others, the federal statute is in violation of the Fifth Amendment.”

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By the way Edith Windsor will be receiving all of the money PLUS interest back to her…even though she is 84…and you know how America is when it comes to paying people back…lol but YEAHH FOR THE GAYSSS (if your not pro-gay by now you just hate your own life…my opinion)

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