SOC205 - WEEK 4 - DISCUSSION 2

SOCIETY, LAW AND GOVERNMENT

"Analysis of the 2013 Decision Regarding the Defense of Marriage Act (DOMA)"

From the first e-Activity, summarize three (3) key issues that the DOMA decision of 2013 addressed that fall under the Fourteenth Amendment of the U.S. Constitution. Indicate which of the three (3) issues you believe will have the greatest overall impact on society in the future. Justify your response.

Three key issues that the DOMA decision of 2013 addressed that fall under the Fourteenth Amendment of the U.S. Constitution consist of defining and determination of “lawfully married” in regard to “spouse” as follows:

1. Because of this ambiguity clarification was needed to first determine the position of same-sex couple in relational value to the terminology of “spouse”.

2. The determination and value on same-sex marriage in a state that recognizes only opposite sex marriages and the positional place dealing with the scope of benefits of the deceased spouse and ability to claim.

3. The qualified retirement plan benefits and issues in relation to same-sex marriages and opposite-sex marriages and the changed and resolution to allow both types of unions to be on equal footing in receipt of all benefits equally that qualify for consideration.

The first key issue that pertains to same-sex marriage would have the greatest impact on society because it allows the equal standing and freedom to choose and marry in a consecrated union and be an undivided union. As such, the ability to act as one is allowed as well as the ability to leave a spouse (whether of the same sex or different) protected with medical, retirement benefits and access to all inheritory property.

From the second e-Activity, describe two (2) key factors in the case of Windsor v. the U.S. that you believe led to the repeal of DOMA Provide specific examples from the video to support your rationale.

Two key factors in the cases of Windsor v United States that led to the repeal of the DOMA was initiated by the lawsuit levied by Edith Windsor in the matter of her deceased spouse (Thea Spyer) and the unfair levying of estate taxes as a consequence of her spouse’s death and allowance of the state’s approval of their union.

Due to the denial of allowance to claim the federal estate tax exemption for surviving spouses supported by Section 3 of the DOMA (codified at 1 U.S.C. § 7) whereby it restricted the terminology of “spouse” to be applicable to a marriage between a man and woman only. Because of this the IRS disallowed the exemption and compelled Windsor to pay $363,053 in estate taxes.

Subsequently, Windsor filed a lawsuit against the federal government to protest the prejudicial DOMA because it singled out same-sex couples for discriminatory treatment with no chance for equality, standing and fairness in reporting the nature of income taxes.

Further as such since the sanctity of marriage was allowed as acceptable by the State of New York the clarity of the act stands affirmed and supports the nature of union confirmed and consecrated and equal to all unions of whether of same-sex or opposite sex marriage that is guaranteed under the Fifth Amendment Due Process Clause of equal protection.

Further it instructs that the federal government must recognize same-sex marriages that have been approved by the states. Therefore, because of this if a same-sex marriage is approved therefore is also the right to claim exemption and whatever pertain to instructions regarding spouse as a equitable and true selection and choice.

Thank you.

Felicia


http://www.lexology.com/library/detail.aspx?g=37e2274f-9440-40de-994b-c8777d8c05f3

http://www.huffingtonpost.com/2013/06/26/obama-gay-marriage_n_3503178.html?utm_hp_ref=politics

https://en.wikipedia.org/wiki/United_States_v._Windsor

https://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution

SOCIETY, LAW AND GOVERNMENT
WEEK 4 - DISCUSSION 2
RESPONSE TO CO-STUDENT

I agree that reception of Edith Windsor's filing of income taxes for exemption for the estate was not received as favorably as she wanted by the IRS but fortunately due to her fighting and protesting she was able to find a safe harbor under the Fourteenth Amendment by proving that same-sex marriage were looked upon in a disparaging and discriminatory fashion.

Further that this case (Windsor v United States) made an impact and paved the way for her and others who have been treated unfairly.

Thank you.

Felicia