A divided federal appeals court in Manhattan struck down the Defense of Marriage Act Thursday as unconstitutional, joining an appeals court in Boston in rejecting the law that defines marriage as between a man and a woman. The Supreme Court is expected to take up the case in the next year.
The 2nd U.S. Circuit Court of Appeals issued its 2-to-1 ruling only weeks after hearing arguments on a lower court judge’s findings that the 1996 law was unconstitutional.
The majority opinion written by Judge Dennis Jacobs rejected a section of the law that says “marriage” only means a legal union between one man and one woman as husband and wife and that the word “spouse” refers only to a person of the opposite sex who is a husband or a wife. A federal appeals court in Boston earlier this year also found it unconstitutional.
The issue is expected to be decided by the Supreme Court. The decision came less than a month after the court heard arguments on Sept. 27.
(AP)
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9 Responses
Ze lo chidush
Let them look up in the dictionary the real meaning of marriage.
http://dictionary.reference.com/browse/marriage
mar·riage [mar-ij] Show IPA
noun
1.
a.
the social institution under which a man and woman establish their decision to live as husband and wife by legal commitments, religious ceremonies, etc. Antonyms: separation.
b.
a similar institution involving partners of the same gender: gay marriage. Antonyms: separation.
Ze kein chidush.
This is right out of Sedom. Marriage is very much only between man and woman. If you want to “legalize alternative lifestyles”, then that’s your business, but the constitution does not redefine biology and plain logic to nonsense to the point that it actually rejects calling marriage between man and woman. Nope.
This is called legislative activism, and that is not that big a chidush, except for the subject matter being so important, which is the chidush; that these judges are influenced by their own biases to illegitimately tamper with matters that are far greater than they are.
This is purely a socio-political maneuver. I worked with a fellow who, lets just say, was someone for whom this issue was relevant. He was able to get all benefits (work, insurance, inheritence, etc.) for his “spouse” by simply declaring that his own gender was based on his frame of mind. He declared himself as a female on all paperwork, and got all benefits based in the fact that he was a common law wife. No need to overturn the law except to manipulate this country down the tubes.
Hey Yidden…I don’t make up constitutional law…but I think I understand the legal parameters of this case.
We’re talking about government administered civil marriage…it’s a government “benefit” or “service” – not an act of Kedushin…nor a religious act under anyone else’s “religion.” As such, in that context, the “constitutional protections” here are pretty ordinary…thus, ze lo chidush.
Liberal lunatic judges.
The word marriage, as used in this context, has nothing to do with religion or morals. This is merely about financial and legal benefits, which is a completely separate institution. The proof for this is that when you have a Jewish wedding under the chuppah, the couple still has to go the next day to the secular court house to get a secular marriage license. Two very different and mutual exclusive things: One could not halachically consummate a marriage without the former, and one could not get a tax break without the latter
Civil marriage,When does life start,Intermarriage Its all great for an open minded ,modern liberal enlightened person You have to be tolerant and nonjugmental WHATS WRONG WITH IT- PRESIDENTS- GOVERNERS PRIME MINISTERS DO IT CLERGEMAN, WORLD LEADERS DO IT .But if your a decent moral man who believes in The Creator,and who spoke to mankind and said that this will bring the destruction of mankind,as we read in this weeks parsha,as happened in 1656(mabul) and in Sadome and is perversion ,you wont do it or vote for people whom are not against it.The Hashchasas olum is at hand ,it should make one tremble! Shema Yisroel Hashem Elokainu Hashem Echod
So the courts say defense of marriage is illegal and obamacare is legal. This truly is an upside down world!