Thursday 27 June 2013

DOMA

                   DEFENSE OF MARRIAGE    ACT

                          SAME - SEX MARRIAGE 

                              

                                 - KALYAN KUMAR MAHATA (APU)

Marriage equality or equal marriage marks a new milestone in the history of marriage registration act in the United States of America at the moment when the Supreme Court announce the legality of the age old controversial social issue in California . This is a recognition of social, political, human rights, civil rights, religious, debatable  and economical as well as  birth control issue in many populated countries. The cases started in 1996 at court after rejecting in District court, at that period the Supreme Court of  Hawaii granted to marry for gays and lesbians. 

The victory of the moral conscience of the eternal human loving truth and attitude gracefully acknowledges the need of conjugal life of same gender of human being without any biasness and conflict of standard partnership for living in the society. The other side of familial understanding would gloriously enhance the mutual social status of the followers of the gay(ism) and lesbianism, in a liberal way that effects in emotion of ups and downs of man and woman . At the same time the freedom of living together like in mess, hostel or ashram  copes up with a bonding of two minds rather than differently in the meaning of sex (oral, anal, gonado) and its gratification. Though the incidents are not revealed in public or legal ruling but  the allegations are lodged in the police station frequently and gradually it is forwarded to solve the stigma in the court. The long awaiting verdict certainly makes the couples mirthful in personal life. 

NPR's Nina Totenberg comments : 

The cases are United States v. Windsor and Hollingsworth v. Perry.

"One case tests the federal defense of marriage act, known as DOMA (Defense of Marriage Act). The law bars federal benefits to same sex couples who are married in states where such unions are legal. Those challenging the law contended that it unconstitutionally denies them the equal protection of the law and that it also violates the constitution by refusing to recognize state endorsed legal marriages. The second case from California, is an outright challenge to state  laws that bar same sex marriage. Same sex couples are challenging California's ban as a denial of their constitutional right to equal treatment."

President Mr Barack Obama said in a statement, the federal law "treated loving, committed gay and lesbian couples as a separate and lesser class of people." He also said the Supreme Court has "righted that wrong, and our country is better off for it."

The federal benefits given hetero- sexual married couples are extended to same sex married couples "swiftly and smoothly" with the proclaim by the Supreme Court.

In DOMA case , Justice Kennedy was joined by the four members of the court's liberal wing - Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan. Chief Justice John Roberts dissented, joined by Justices Scalia, Clarence Thomas and Samuel Alito.                (Source : WSJ)  

Chief Justice Roberts said, the ruling of the states to "continue to utilize the traditional definition of marriage."

Justice Kennedy said the Defense of Marriage Act "violates basic due process and equal protection principles application to the Federal Government."

The opponents of gay marriage, it is important to see now that they will be remain silent in the ruling path or with a anger to sustain the hidden truth of human attraction in the verge of self - suppression in a progression to prove themselves radical  avoiding the timeline of the countries of Europe, South America, Asia, North America, Autralia !

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