(Image via Jet Fete Blog where you can see more pictures of this beautiful wedding held in Mexico)
Yesterday the Second Circuit Court of Appeals in New York ruled (as have so many courts before it) that the Defense of Marriage Act or DOMA is unconstitutional in that it violates the fourteenth amendment right to equal protection under the law.
The suit was brought by Edith Windsor, 83. She and Theda Clara Spyer had been engaged for forty years when they were finally able to tie the knot in Toronto, Cananda in 2007. Two years later, Spyer sadly died of multiple sclerosis. In Spyer’s will, she left all her property to her surviving spouse, Windsor. And since the federal government will not recognize same sex marriages, Windsor was forced to pay $363,000 (that’s three hundred sixty-three thousand smackers) in estate taxes. Windsor felt that was unfair since a surviving spouse in a DOMA approved marriage would not have had to shell out that kind of money to inherit.
A federal court sided with Windsor, but the decision was appealed. Now the appeals court also sides with the plaintiff… as has every other court that has heard similar cases.
Even the current presidential administration considers DOMA unconstitutional. President Obama announced that his administration would no longer defend it because – wait for it – it violates equal protection. The act is currently being defended by the Republican majority in the US House of Representatives.
Me? I say it’s time for DOMA to land on the ash heap of bad law. It hurts families, inflicts hardships, and does absolutely nothing to protect, defend, or support any marriage whatsoever.
My opposite sex marriage is in no way threatened by the fact that two men or two women may marry in certain places. In fact, my marriage is so cool and nifty that I want every adult who wants one to be able to get their own, regardless of gender identity, race, or preferred flavor of consenting adult to have one with!