Monday, July 15, 2013

DOMA isn't completely dead yet...

During the last supreme court decision they only overturned section three of DOMA, but didn't touch the other section which states that states

No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship.

Article IV Section I states:

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
This is a blatant violation of the fourth article of the constitution and maybe the most unconstitutional part of the entire US Code. States must represent all legal contracts entered into in every other state, and because of this the rest of the Defense of Marriage Act must be repealed.

Finish the job.

1 comment:

  1. This is what SSA just sent me:
    Thank you for contacting the Social Security Administration.

    An individual whose claim for benefits is based on a State recognized same-sex marriage or having the same status as spouse for State inheritance purposes cannot meet the statutory gender-based definition of husband, wife, widow, widower of the number holder, including one who is divorced.

    Under the Defense of Marriage Act, the word “marriage” means only a legal union between one man and one woman as husband and wife, and the word “spouse” refers only to a person of the opposite sex who is a husband or a wife. Therefore, for benefit purposes, the Social Security Administration (SSA) does not recognize such individual as the spouse of the number holder.