Homosexuals across the land are celebrating in force as the US Supreme Court voted 5-4 to strike down the Defense of Marriage Act, thus opening the door to nationwide same-sex marriage.
President Obama had used an executive nullification order when he told Attorney General Eric Holder to no longer enforce the federal law. More states then took the initiative to enact their own laws to legalize same-sex marriages and like a cancer, the deadly disease of gay marriage has been rapidly spreading across the land.
A lesbian challenged DOMA and laws against same-sex marriage by filing a lawsuit concerning her being taxed on the estate of her lesbian partner. The suit claimed that married heterosexual partners are not taxed on the inheritance, but since she was not legally allowed to marry, she should not be penalized by being taxed.
In the Court’s ruling, Justice Anthony Kennedy wrote:
“DOMA’s principal effect is to identify and make unequal a subset of state-sanctioned marriages. It contrives to deprive some couples married under the laws of their state, but not others, of both rights and responsibilities, creating two contradictory marriage regimes within the same state. It also forces same-sex couples to live as married for the purpose of state law but unmarried for the purpose of federal law, thus diminishing the stability and predictability of basic personal relations the state has found it proper to acknowledge and protect.”
Justice Antonin Scalia disagreed with the ruling and in his dissent wrote:
“We have no power to decide this case. And even if we did, we have no power under the constitution to invalidate this democratically adopted legislation. The court’s errors on both points spring forth from the same diseased root: an exalted conception of the role of this institution in America.”
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