Author Topic: Justice Department asks court to dismiss challenge to marriage law  (Read 1084 times)

Dos Equis

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Justice Department asks court to dismiss challenge to marriage law
« on: September 18, 2009, 12:11:18 PM »
More Obama doublespeak.

Justice Department asks court to dismiss challenge to marriage law
Associated Press

BOSTON — The Justice Department today asked a federal judge in Boston to dismiss a lawsuit that claims a federal law defining marriage as a union between a man and a woman is unconstitutional because it denies gay couples access to federal benefits given to other married couples.

In court documents, the Justice Department makes it clear the Obama administration thinks the law is discriminatory and should be repealed. But the department said it was defending the statute because the law is "constitutionally permissible."

The 1996 federal Defense of Marriage Act, known as DOMA, bars federal recognition of gay unions and denies gay couples access to pensions, health insurance and other government benefits.

The law was passed by Congress at a time when it appeared Hawaii would become the first state to legalize same-sex marriage. Opponents worried that other states would be forced to recognize such marriages.

Since then, six states have enacted laws or issued court rulings that permit same-sex marriage, including Massachusetts, Maine, Vermont, Connecticut and Iowa. New Hampshire's law takes effect Jan. 1, 2010.

The Massachusetts lawsuit was brought by seven gay couples and three widowers, all of whom were married in Massachusetts after it became the first state in the country to legalize gay marriage in 2004. They argue that DOMA violates the equal-protection clause of the U.S. Constitution because it treats married gay couples differently than other married couples.

The Justice Department, however, argues that there is no fundamental right to marriage-based federal benefits and says Congress is entitled to address issues of social reform on an "incremental" basis.

"Congress is therefore permitted to provide benefits only to those who have historically been permitted to marry, without extending the same benefit to those only recently permitted to do so," the government argued in its written response to the lawsuit.

"Congress may subsequently decide to extend federal benefits to same-sex marriages, and this Administration believes that Congress should do so. But its decision not to do so to this point is not irrational or unconstitutional."

Gay & Lesbian Public Advocates & Defenders, the legal group that filed the lawsuit, said DOMA is an exception to a long history of the federal government deferring to determinations by the states as to what constitutes marriage.

"We're seeking justice for the widows and widowers who are denied death benefits, for people who can't get on their spouse's health plan, for parents who can't file taxes jointly and pay thousands extra each year that they could put away for their children's education or family emergencies," said Gary Buseck, GLAD's legal director.

http://www.honoluluadvertiser.com/article/20090918/BREAKING/90918040/Justice+Department+asks+court+to+dismiss+challenge+to+marriage+law

kcballer

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Re: Justice Department asks court to dismiss challenge to marriage law
« Reply #1 on: September 18, 2009, 01:13:13 PM »
Separate church and state.  Then allow anyone who loves and wants to can marry and have rights.  simple.  There is too much church involvement. 

Beach question, you support the death penalty but not the love of two people and their rights? weird.
Abandon every hope...

George Whorewell

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Re: Justice Department asks court to dismiss challenge to marriage law
« Reply #2 on: September 18, 2009, 01:17:47 PM »
Kcb you are a total fucking moron. I support gay marriage if for no other reason, than because it may prevent more babies from being born that turn into people like you. Two queers= no Kcb = Better Planet.

Hope this helps.


Dos Equis

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Re: Justice Department asks court to dismiss challenge to marriage law
« Reply #3 on: September 18, 2009, 01:22:52 PM »
Separate church and state.  Then allow anyone who loves and wants to can marry and have rights.  simple.  There is too much church involvement.  

Beach question, you support the death penalty but not the love of two people and their rights? weird.

I support the death penalty.  I support traditional marriage.  I oppose homosexual marriage and everything that flows from it, including "triad marriages."  

There is zero connection between support for the death penalty and support for traditional marriage.  The fact you think there is a connection is weird.    

Also has nothing to do with the topic thread, which is Obama being dishonest about the whole marriage issue. 

Soul Crusher

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Re: Justice Department asks court to dismiss challenge to marriage law
« Reply #4 on: September 18, 2009, 01:26:52 PM »
Separate church and state.  Then allow anyone who loves and wants to can marry and have rights.  simple.  There is too much church involvement. 

Beach question, you support the death penalty but not the love of two people and their rights? weird.

Should three people who love each other be able to get married to each other?

tu_holmes

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Re: Justice Department asks court to dismiss challenge to marriage law
« Reply #5 on: September 18, 2009, 01:29:37 PM »
Should three people who love each other be able to get married to each other?

Doesn't that happen in many other nations? Other religions?

If they're not hurting you, what do you care?

Soul Crusher

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Re: Justice Department asks court to dismiss challenge to marriage law
« Reply #6 on: September 18, 2009, 01:34:02 PM »
Doesn't that happen in many other nations? Other religions?

If they're not hurting you, what do you care?

I am just asking.  Where does this end though? 

Why shoulndt we remove age of consent laws while were at it? 

Dos Equis

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Re: Justice Department asks court to dismiss challenge to marriage law
« Reply #7 on: September 18, 2009, 01:36:40 PM »
I am just asking.  Where does this end though? 

Why shoulndt we remove age of consent laws while were at it? 

That's one of the problems with redefining marriage.  There is no logical end.  Triad marriages are the logical extension of recognizing bisexuals as a class in the marriage context. 

tu_holmes

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Re: Justice Department asks court to dismiss challenge to marriage law
« Reply #8 on: September 18, 2009, 01:44:08 PM »
I am just asking.  Where does this end though? 

Why shoulndt we remove age of consent laws while were at it? 

I've said before I believe it should be stated as such.

If adult people in question are of sound cognitive reasoning, then they can enter into a legal marital proceeding.

I think that pretty much states it all... You're saying they are adults and can reason. What more do we need?

Soul Crusher

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Re: Justice Department asks court to dismiss challenge to marriage law
« Reply #9 on: September 18, 2009, 01:45:44 PM »
I've said before I believe it should be stated as such.

If adult people in question are of sound cognitive reasoning, then they can enter into a legal marital proceeding.

I think that pretty much states it all... You're saying they are adults and can reason. What more do we need?

The law does not allow "consenting adults" to do whatever they want.  For example, you cannot consent to murder, violent abuse, etc. 

tu_holmes

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Re: Justice Department asks court to dismiss challenge to marriage law
« Reply #10 on: September 18, 2009, 01:47:19 PM »
The law does not allow "consenting adults" to do whatever they want.  For example, you cannot consent to murder, violent abuse, etc. 

We're talking about marriage... not illegal acts.

I'm talking about how the marriage laws should be phrased to allow for adults to consent and get married.

Why are you talking about murder and stuff?

kcballer

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Re: Justice Department asks court to dismiss challenge to marriage law
« Reply #11 on: September 18, 2009, 01:58:37 PM »
I support the death penalty.  I support traditional marriage.  I oppose homosexual marriage and everything that flows from it, including "triad marriages."  

There is zero connection between support for the death penalty and support for traditional marriage.  The fact you think there is a connection is weird.    

Also has nothing to do with the topic thread, which is Obama being dishonest about the whole marriage issue. 

I find it weird you support killing but not love.  What are your priorities??
Abandon every hope...

Dos Equis

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Re: Justice Department asks court to dismiss challenge to marriage law
« Reply #12 on: September 18, 2009, 01:59:30 PM »
I've said before I believe it should be stated as such.

If adult people in question are of sound cognitive reasoning, then they can enter into a legal marital proceeding.

I think that pretty much states it all... You're saying they are adults and can reason. What more do we need?

The missing factor is government endorsement.  I agree consenting adults should be able to do whatever they want behind closed doors, or even publicly to the extent it doesn't violate the law, but once the government gets involved it's a different story.  

Dos Equis

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Re: Justice Department asks court to dismiss challenge to marriage law
« Reply #13 on: September 18, 2009, 02:00:15 PM »
I find it weird you support killing but not love.  What are your priorities??

Nice straw man.  Never said that.  Why don't you comment on Obama's dishonesty instead of focusing on me? 

Hugo Chavez

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Re: Justice Department asks court to dismiss challenge to marriage law
« Reply #14 on: September 18, 2009, 02:22:23 PM »
That's one of the problems with redefining marriage.  There is no logical end.  Triad marriages are the logical extension of recognizing bisexuals as a class in the marriage context. 
der... end thun dey wud wanna murry their dogs, den der rabbits den der wud be rabbit people wid human body and rabbit haid. ::)

Dos Equis

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Re: Justice Department asks court to dismiss challenge to marriage law
« Reply #15 on: September 18, 2009, 02:35:12 PM »
der... end thun dey wud wanna murry their dogs, den der rabbits den der wud be rabbit people wid human body and rabbit haid. ::)

 ::)  I'm not worried about that.  Rothchild will kill us all before that happens.