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    Posted June 21, 2012 by
    k3vsDad
    Location
    Farmersburg, Indiana
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    House GOP to Ask Supreme Court to Review DOMA

     

    The  showdown over same-gender relationships, legal status and equal rights  under the Constitution may land in the lap of the Supreme Court much  sooner than anyone had thought.

    Republican  members of the US House of Representatives have signaled their  intention to ask the Supreme Court to make a determination about the  1996 Defense of Marriage Act (DOMA).

    This  is a suprise move on the part of  GOP lawmakers. The move seems to be  in reaction to loss after loss in federal courts in trying to defend  DOMA. Perhaps, however, it is in reaction to President Barack Obama's  announcing support for same-gender marriage.

    Many  had thought the 9th Circuit Court of Appeals ruling vacating  Proposition 8 in California would be the case that would eventually have  the Justices ruling on whether GLBT members had the constitutional  right to legal recognition of same-gender unions along with the same  rights and privileges afforded straight relationships.

    Reportedly,  the House's Bipartisan Legal Advisory Group asked a federal judge in  Connecticut to delay consideration of a pending case in the state to  allow BLAG to ask the Supreme Court to decide the merits of DOMA.

    BLAG  has taken on the role of defending DOMA after the President directed  the US Justice Department to not defend the law as he felt DOMA was  unconstitutional. Since then BLAG has taken up the cause of DOMA.

    As a gay male in a long-term relationship, I welcome a review of the Court to determine the constitutionality of DOMA.

    At  the same time, as has been our tradition in this country, I believe it  is still up to each individual state to determine whether to grant  marriage, civil union or domestic partnership licenses in each state.

    If  BLAG does indeed ask the Supremes to intervene, it doesn't mean the  Justices will accept to review the matter. The Justices may decide the  law is not yet ripe for picking by the Supremes. Then again it would  bring some certainty to the issue if the Supreme Court does put it on  its fall session.

    As  I have stated many times, I believe the thorniest issue is the use of  the one word marriage in relation to granting GLBT members equal rights  and privileges under the law. While many GLBT will accept nothing less  than a license with the word marriage on it, for me and my life partner,  Iohn, it doesn't matter if it says marriage, civil union or domestic  partnership.

    To  us all that matters is that we be treated with the same equality under  the law that is afforded to straight couples in long-term relationships  which have been licensed by the state.

    From the Cornfield, the significance of this unexpected move by BLAG should not be lost on anyone.

    Would BLAG make its appeal to the Supreme Court, however, if the President had not come out for same-gender marriage?

    http://cnn.com/2012/06/21/politics/house-gop-scotus-marriage/index.html

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