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If DOMA Is Illegal, Aren’t Our Immigration Laws?

From Time Magazine:

In Landmark Ruling, Supreme Court Strikes Down Defense of Marriage Act

The ruling caps one of the fastest civil rights shifts in the nation’s history

By Alex Altman and Zeke Miller | June 26, 2013

Seventeen years after a Democratic President signed a federal law defining marriage as between a man and a woman, the U.S. Supreme Court struck it down on Wednesday, capping one of the fastest civil rights shifts in the nation’s history.

Can civil rights shift? Who knew?

In a landmark 5-4 decision, the Justices ruled that the Defense of Marriage Act (DOMA), passed by bipartisan majorities and signed by President Bill Clinton, is an unconstitutional violation of the Fifth Amendment.

The court broke along familiar ideological lines, with Justice Anthony Kennedy, who authored the majority opinion, joining his four more liberal counterparts. “DOMA is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment,” Kennedy wrote…

The offending section of the law, which sailed through Congress in 1996, restricted gay couples from receiving more than 1,000 benefits accorded to married couples, even if they were legally married in the states where they reside.

Lest we forget, illegal aliens also have the right to due process. The Supreme Court has ruled that the due process clause apply to all persons in the US, without regard to race, or nationality. Therefore, US residents — legal and illegal — have constitutional rights such as equal protection of the law and the right to due process.

So, using this same logic, it would also be unconstitutional to deny illegal aliens living in this country access to welfare benefits or the vote. That would be depriving them of equal liberty.

In a forceful indictment of the law, Kennedy cited the contradictions between state and federal statutes as among the reasons for striking down the measure.

“By creating two contradictory marriage regimes within the same state, DOMA forces same-sex couples to live as married for the purpose of state law but unmarried for the purpose of federal law,” he wrote. “DOMA undermines both the public and private significance of state-sanctioned same-sex marriages; for it tells those couples, and all the world, that their otherwise valid marriages are unworthy of federal recognition. This places same-sex couples in an unstable position of being in a second-tier marriage. The differentiation demeans the couple, whose moral and sexual choices the Constitution protects … and whose relationship the state has sought to dignify. And it humiliates tens of thousands of children now being raised by same-sex couples.” …

“DOMA instructs all federal officials, and indeed all persons with whom same-sex couples interact, including their own children, that their marriage is less worthy than the marriages of others,” Kennedy wrote. “The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the state, by its marriage laws, sought to protect in personhood and dignity.”

By denying illegal aliens citizenship and the right to vote and access to benefits, aren’t we disparaging them? Aren’t we injuring their personhood and dignity?

This article was posted by Steve on Thursday, June 27th, 2013. Comments are currently closed.

6 Responses to “If DOMA Is Illegal, Aren’t Our Immigration Laws?”

  1. Liberals Demise says:

    Minority rule!
    Majority vote is laughing joke and they (SCOTUS) told us so.
    Sad days, indeed.

  2. GetBackJack says:

    In one afternoon I saw the United States of America corrupted into the United States of RUPaulistan

    /not mine

  3. Noyzmakr says:

    The USA has become a stench in the nostrils of Almighty God. How much longer do any of
    you think will it be before total wrath falls upon this nation?

    September 11, 2001 and 7 years later September 12, 2008 (Lehman Brothers failed) were just warnings. If you use the Old Testament as a guide on how God deals with nations, there will be no third warning.

    I don’t believe there is much more time.

    “……Indeed I tremble for my country when I reflect that God is just: that his justice cannot sleep for ever . . . .” – Thomas Jefferson

  4. GetBackJack says:

    From the prayer of Jehoshaphat in 2 Chronicles 20:12, “Oh, our God, will you not exercise judgment upon them? For we have no might to stand against this great company that is coming against us. We do not know what to do, but our eyes are upon You.” The Lord replies through his Prophet, Zechariah, “Be not afraid or dismayed at this great multitude; for the battle is not yours, but God’s….you shall not need to fight in this battle; take your positions (abide in The Lord Jesus Christ), stand still, and see the deliverance of The Lord.”

    • Noyzmakr says:

      Very appropriate. It reminds me of when the children of Israel were trapped between Pharoh’s army and the Red Sea and the Moses told them to “Fear ye not, stand still…” Exodus 14:13

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