Thursday, July 08, 2010

DOMA striken in US District Court

In an interesting decision, US District Judge Tauro struck DOMA down with unequivocal language:

Congress undertook this classification for the one purpose that lies
entirely outside of legislative bounds, to disadvantage a group of which it
disapproves. Such a classification, the constitution clearly will not
So, where will this take the gay marriage debate? I assume we are a major step closer to a SCOTUS battle that will decide the issue once and for all.

For what it is worth, here is my two cents. Judge Tauro is somewhat right -- the purpose of DOMA was to quell gay marriage. While I am not fond of the idea of gay marriage, I realize that oppressing the desires of consenting adults to be lawfully bound in marriage is discrimination.

Due to the sacredness of marriage to many religions, I would prefer the nation adopt and enforce civil unions that are treated as marriages for all legal and governmental purposes.

Honestly, I think the biggest problem of gay marriage for opponents (especially where religions are involved) is the use of the term "marriage." One of the biggest legitimate legal reason (as far I see) for the fear of gay marriage by religions is anti-discrimination laws and IRC Section 501(c)(3) status. One stipulation of 501(c)(3) is that the tax exempt organization doesn't promote hate or discrimination. Gay marriage could quite possibly (and probably) open the flood gates for discrimination complaints against religions that refuse to perform gay marriage -- possibly risking 501(c)(3) status for various religions that don't decide to adjust religious doctrines in order to allow gay marriage.

Anyways, this debate is likely to heat up again in the coming days. It is going to be interesting to see what happens.

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