Defense Of Marriage Arguments

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Main Claim The Defense of Marriage Act is an unconstitutional law. Republicans are defending the Defense of Marriage Act. Reasons 1. A federal district judge in NY rules the “Act” violates the Constitution because it charges federal estate tax to same-sex spouses but not to opposite-sex spouses. 2. The United States Court of Appeals Ninth Circuit ruled the “Act” violates the Constitution by denying health benefits to same-sex spouses. 3. Since 2010, courts reviewing the “Act” have found it unconstitutional even on a basic level of interpretation of the law. 4. The Appeals Court argued that the “Act” discriminates based on sexual orientation and violates equal protection. 5. Republicans filed a brief contesting the Appeals Court ruling…show more content…
The Act was ruled unconstitutional because it requires federal estate tax to be paid by folks in same-sex marriages. Currently if the spouse in an opposite-sex marriage dies, no federal estate tax needs to be paid. The court also stated that the Act discriminates based on sexual orientation and violates equal protection under the Constitution. Republicans are contesting a ruling by the United States Court of Appeals for the Ninth Circuit, which ruled the Defense of Marriage Act discriminates based on the denial of health benefits to same-sex spouses. In defense of the Defense of Marriage Act, Republicans claim the goals are to “maintain consistency in allocating federal benefits and encourage relationships “that most frequently result in the begetting and raising of children.”” NYTIMES. "The Defense of Marriage Act, Exposed." The New York Times. The New York Times, 10 June 2012. Web. 10 June 2012.…show more content…
The editor defends their assumption that, Republicans only view marriage as “a traditional male-female couple,” based on a brief they filed with the United States Court of Appeals for the Ninth Circuit. In Summary, the brief states that the Defense of Marriage Act’s goals are to “provide consistency of federal funds and encourage relationships.” The brief also states that Congress views marriage as a traditional male-female couple. The editor supports their claim by pointing out that since 2010; every court that has been involved in hearings over the Defense of Marriage Act has found it unconstitutional. The editor also stated a federal judge in New York recently found the Act unconstitutional based on federal estate tax discrimination. We believe the editor is directing their editorial toward an audience that includes same sex-spouses and people that either support or do not support the Defense of Marriage Act. The unspoken question to the audience is, “Why are the Republicans defending a law that has been found unconstitutional for over 2 years in several court systems without providing solid evidence to the

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