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Supreme Court Ruling on Same Sex Marriage

There has been big hoopla surrounding the Supreme Court of the United States (SCOTUS) and their controversial decisions on the Voting Rights Act and Same Sex Marriage.  Today the SCOTUS ruled that certain elements of the Defense of Marriage Act (DOMA) were unconstitutional and only served a political purpose.  SCOTUS further went on to state the ban on same-sex marriage is unconstitutional.

The case submitted to the SCOTUS,  UNITED STATES v. WINDSOR, EXECUTOR OF THE ESTATE OF SPYER, ET AL.  was centered around a same-sex New York couple where one of them passed away.  The surviving spouse inherited the estate and was subjected to an approx. $350k bill from the IRS for estate taxes.  Petitioner Windsor argued unsuccessfully for a refund from the IRS to no avail, thus the case made its way to the Supreme Court.  SCOTUS notes, in their writing, that had the IRS processed the refund, the case would have not made it to court.

This case also adds further concern about alienating the rights of the individual states.  What is the point of having state law if it can/will be challenged and usurped by federal law?

In 1996, states began to ponder allowing same-sex marriages.  Congress responded by passing DOMA which contains multiple sections.  Section 2 allows for states to refuse recognizing same-sex marriage and section 3, which was challenged, in this case, when DOMA defined marriage as that between a man and woman only.  Today, the Supreme Court of the United States affirmed that marriage is defined as between two persons.

How do you feel about the court’s decision to allow same-sex couples the right to inherit their partners estate free from estate taxes?  Read the full opinion here.

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2 Responses so far.

  1. PDQ says:

    “This case also adds further concern about alienating the rights of the individual states. What is the point of having state law if it can/will be challenged and usurped by federal law?”

    Well…not so much. Federal law always overrides state law. And state law overrides county or city law. That’s why when Californians voted for Proposition 14 to reinstate racial deed restrictions in 1964 and regulating where you, as well as Jews, Asians and other minorities could own property, it took a US Supreme Court ruling to overturn it in 1967. Perhaps that was before you were born. If so, you can be excused for your ignorance I suppose.

    Edith Windsor and her wife were married in Canada in 2007 where it was legal for same sex couples to wed. They had been together for over 40 years. New York state recognizes all Canadian marriages – except if they were same sex marriages. It could be your twelfth “straight” marriage and New York would recognize it. You don’t need to worry about having or raising children. New York will recognize it – except if it’s a same sex marriage.

    Thankfully, that’s unconstitutional.

    The federal government recognizes Canadian marriages – except if they were same sex marriages. That brings up the whole issue of discrimination – in this case, to the tune of over $360k in estate taxes that Edith Windsor unfairly was billed by the IRS which chose not to recognize her Canadian marriage. Edith Windsor was treated by her own government like a second class citizen. I would think that you would get angry about that. But she’s white, so I guess you don’t care.

    I’m kind of surprised you listened to your pastor rather than doing your research (as you claim to do). Your ignorance of the issue is on display. You apparently have no issue with people marrying, divorcing, remarrying, divorcing, remarrying, etc. Since the state allows that, it’s okay for you. Never mind what it does to society, to “the children”, to families, etc . Never mind what the bible says about adultery. So long as those sinners come to church and put a check in the collection plate every week, they won’t be stoned to death as the bible prescribes. Hallejulah!! (small “b” for bible is deliberate)

    I gather you’re involved in Inglewood Unified – I’m guessing as a teacher. Do you inflict your uninformed opinions on your students? If so, please stop. The kids see right through you and it erodes your authority and your credibility. Kids aren’t as stupid as adults think they are.

    • UrbanGirl says:

      You are incorrect to assume I listened to my pastor for I do not attend church. If the state recognized their marriage so should the IRS. The petitioners race have nothing to do with opinion on the decision made by the SCOTUS.

      Heterosexual couples marry, divorce and remarry all of the time. If same-sex couples want that pleasure, go right ahead. Their lifestyle has no direct detriment to my life nor yours.

      I can only imagine your feelings on the Voting Rights Act. As a presumably white male you must relish in the further suppression of minorities.

      Urban Girl

About Melissa

I am a lifelong Inglewood resident living in District 4. I serve on PTA and School Site Council as Vice-President, for the last 8 years with Inglewood Unified School District. I volunteer on the Wellness Committee for ICEF Public Schools. I am an alumni of California State University, Dominguez Hills with a degree in Political Science. You can find me on Twitter under @CreoleMommie

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