Page 90 - Heavenly Signs III by Mel Gable

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The case of U.S. v. Windsor, U.S. Supreme Court, No. 12-307 is whether the Federal Defense of Marriage Act
violates equal protection guarantees in the Fifth Amendment's of Due Process Clause, as applied to same-sex
couples legally married under the laws of their own state. The Obama administration in a rare move has refused
to defend a federal law in court. He left it to the GOP-controlled House of Representatives to file the legal
appeals to the Supreme Court. Appeals from Massachusetts, New York, California, and elsewhere are also
pending. The law known as DOMA defines marriage for federal purposes as unions exclusively between a man
and woman. The legal issue is whether the federal government can deny tax, health and pension benefits to
same-sex couples in states where they can legally marry. A federal appeals court in Boston struck down the
benefits provision, saying, “If we are right in thinking that disparate impact on minority interests and federalism concerns both
require somewhat more in this case than almost automatic deference to Congress' will, this statute fails that test.” The First Circuit
court did not rule on the federal law's other key provision. One provision is if states that do not permit same-sex
marriages could be forced to recognize unions performed in other states. Traditionally, marriages in one
jurisdiction are considered valid across states. The Supreme Court in a 5-4 ruling struck down the 17-year-old
DOMA. “DOMA is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment,”
Justice Anthony Kennedy wrote for the majority. At the same time on June 26, 2013, the court ruled 5-4 that the
case of Hollingsworth v. Perry (California’s Prop 8) be dismissed on procedural grounds. The lower court had struck
down Prop 8. This is considered a civil rights issue and not a religious rights issue. It is acceptable practice to for
this nation to consider it is above God’s Laws. The high court believes it is correct in protecting the rights of an
individual to pursue what is seen as evil in the eyes of the Lord. Will the changes to the definition of marriage
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ultimately lead to the inclusion of polygamy or incest? How far will the law go to protect an individual’s rights?
Sodomy

Laws affecting lesbian, gay, and bisexual people vary greatly by country or territory. This includes everything
from legal recognition of same-sex marriage or other types of domestic partnerships, to the death penalty as
punishment for same-sex romantic or sexual activity. Sodomy laws can be found around the world. Today,
consensual homosexual acts between adults are illegal in about 70 out of the 195 countries of the world.

Legal Act: by date

Laws of Homosexuality by Country (CCASA)

155 "Windsor v. United States: Edie Windsor Challenges DOMA". American Civil Liberties Union. February 23, 2011.