Originally posted by bishop375:The majority spoke. They also spoke in the 50's and 60's making sure that white people had rights that black people couldn't have. Was that right? I fail to see the difference.
Actually there is a marked difference to date between civil rights and same-sex marriage. The 1964 Civil Rights Act was enacted by a majority of our Congress, consisting of 72-27 in the Senate (not sure on the House), which is representative of the people of the United States. In contrast, our Congress passed The Defense of Marriage Act in 1996 by a landslide vote of 342-67 in the House and 85-14 in the Senate, in defense of traditional marriage. The Defense of Marriage Act did two things:
1) It provides that no State shall be required to give effect to a law of any other State with respect to a same-sex "marriage."
2) It defines the words "marriage" and "spouse" for purposes of Federal law.
The second substantive section of the bill amends the U.S. Code to make explicit what has been understood under federal law for over 200 years; that a marriage is the legal union of a man and a woman as husband and wife, and a spouse is a husband or wife of the opposite sex. The DOMA
definition of marriage is derived most immediately from a Washington state case from 1974, Singer v. Hara, which is included in the 1990 edition of Black's Law Dictionary. More than a century ago, the U.S. Supreme Court spoke of the "union for life of one man and one woman in the holy estate of matrimony." Murphy v. Ramsey, 114 U.S. 15, 45
(1985).
DOMA is not meant to affect the definition of "spouse" (which under the Social Security law, for example, runs to dozens of lines). It ensures that whatever definition of "spouse" may be used in Federal law, the word refers only to a person of the opposite sex.
The specific wording written into law is:
"In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word 'marriage' means only a legal union between one man and one woman as husband and wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife."
This law, just like past civil liberties laws and any other laws that the majority of people in the United States felt needed to be changed, were enacted via the elected representatives and senators in the Congress. Congress is a reflection of the will of the people. In this case, I agree with DOMA. Perhaps someday the will of the people will change such that the definition of marriage and spouse will also change, only time will tell. Specifically I agree with DOMA because it advocates states rights, and it clearly defines marriage for the U.S.A.
