[WHEN IS THE RIGHT TIME FOR SAME-SEX COUPLES TO RECIVE THEIR RIGHTS?]
What effects does DOMA have on same-sex couples while they try to receive their martial rights? How does it hold same-sex couples back from reviving their legal rights and benefits? What moral effect do conservative republicans take? Civil unions and partnership don’t with gaining same-sex couples their rights. They only hinder them.
"Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license," wrote U.S. District Court Judge Vaughn Walker in a 136-page decision. According to DOMA (Defense of marriage act) marriage is the legal union between a man and women as husband and wife (Soloman 2012 pg1). California’s Proposition 8 bans gay marriage, and the latter centers on Section 3 of the Defense of Marriage Act, which bars recognition of same-sex marriage at the federal level. Singling out one specific group and taking away their rights simply because of their sexual preference is unconstitutional. Introduction: DOMA is an act that was put in place by President William Clinton stating that marriage is the legal union of one man and one woman (Soloman, 2012). The key word/ phrase in the definition are "legal union". A legal union or marriage is another word for contract. A contract is an agreement between two people that creates an obligation. But to begin a non-void contract there must be: 1) Consideration, 2) Contractual capacity, 3) Genuine assent, 4) an Offer and Acceptance, 5) Legality, and 6) Written (Adamson. 2009). Citizens that want to engage in a same-sex marriage cannot begin to start a contract (getting a marriage license) because of the act that was put in place in 1998. Once there is an act to repeal DOMA same sex marriage will be able to thrive. Problem: Everything DOMA stands for is un-American and unconstitutional on many different levels. It holds a specific group of American citizens back from reaching equality. In the eyes of our federal government and our American society same-sex marriages are not representing America in the best light that shows our marvelous American qualities: Independent, Hardworking, Personally ambitious, Risk-taking, Commitment, Skepticism, and Honesty. DOMA doesn’t merely stop same-sex couples from becoming socially equal, but federally and economically equal too. They aren’t getting Tax breaks, Estate planning, Government, Medical, Employment, Death, and Family Benefits. Tax breaks: Filing joint income tax returns with the IRS and state taxing authorities. Estate Planning: Inheriting a share of your spouse's estate while being tax exempt. Government Benefits: Receiving public assistance benefits, Social Security, Medicare, and disability benefits for spouses. Receiving veterans and military benefits for spouses, such as those for education, medical care, or special loans. Medical Benefits: Visiting your spouse in a hospital intensive care unit or during restricted visiting hours in other parts of a medical facility. Making medical decisions for your spouse if he or she becomes incapacitated and unable to express wishes of their treatment. Employment Benefits: Obtaining insurance benefits through a spouse's employer, taking family leave to care for your spouse during an illness, receiving wages, workers' compensation, and retirement plan benefits for a deceased spouse. Family Benefits: Filing for stepparent or joint adoption. Applying for joint foster care rights. Receiving equitable division of property if you divorce. Receiving spousal or child support, child custody, and visitation if you divorce. (NOLO.com) Even though these are only a few of the benefits that same-sex couples aren’t receiving because of DOMA. Even though same-sex couples have the right to partnership they are still not eligible for federal benefit programs and they are not being recognized under federal laws. A partnership is...
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