Topic > Defense of Marriage Act (DOMA) - 895

The Defense of Marriage Act (DOMA) has been a controversial law in the past as it is now in the present. I chose to write about this law because today the concept of gay marriage is widely accepted compared to the heavy intolerance of the past. Today, countless couples seek to get married but face obstacles like DOMA that hinder their freedom to marry. I myself am a supporter of same-sex marriage, and learning more about DOMA allows me to see what these same-sex couples go through. In this article I will discuss the origins of DOMA, what it includes, what the effects are today and in the future, how DOMA affects me, and how DOMA affects Guam.I. The Origins of the Defense of Marriage Act The historical context of DOMA arose from a Hawaii Supreme Court case, Baehr v. Lewin (1993). Nina Baehr sued the state of Hawaii, claiming that the state's refusal to grant her and her partner a marriage license was illegal and unconstitutional discrimination. The court found that the case had merit and ruled that the ban on same-sex marriage constituted discrimination based on gender. Under Hawaii's Equal Rights Amendment, the state would have to show a compelling state interest to ban same-sex marriage. The case was sent back to a lower court, which said Hawaii must allow same-sex marriages because the state failed to demonstrate that its ban on such marriages garnered a compelling state interest. The Baehr v. Lewin ruling was a victory for gay rights activists, hope for other states seeking the same freedom, and disappointment for opponents of same-sex marriage. Yet this victory was short-lived (until full legalization on November 13, 2013) as the state appealed the lower court's decision... half of the document... NSE OF MARRIAGE ACT. http://www.law.fsu.edu/ journals/lawreview/frames/252/kanofram.html (accessed November 12, 2013). “Frequently Asked Questions: Defense of Marriage Act (DOMA).” GLAAD: Leading the conversation for LGBT equality. http://www.glaad.org/marriage/doma (accessed 10 November 2013). “Respect for Marriage Act.” Human rights campaign. http://www.hrc.org/laws-and-legisla tion/federal-legislation/respect-for-marriage-act (accessed 22 November 2013). “The Constitutionality of the Defense of Marriage Act in the Wake of Romer v. Evans.” New England Law Boston. http://www.nesl.edu/userfiles/file/lawreview/vol32/1/robb. htm (accessed 12 November 2013). Thompson, T. “Marriage Equality: Ramifications of the Supreme Court’s DOMA Decision” SHRM Guam Chapter. http://guam.shrm.org/sites/guam.shrm.org/files/Todd%20Thompson.pdf (accessed November 22, 2013)