A Roundup of Thoughts on Recent DOMA Decisions
Last week the Second Circuit Court of Appeals in New York ruled that Section 3 of the Defense of Marriage Act (DOMA) [PDF] was unconstitutional, based on the idea that homosexuals are a protected class that require heightened scrutiny in federal laws. (Windsor v. United States) A number of legal scholars and journalists around the country have analyzed the decision in light of previous DOMA decisions and in light of what a challenge at the Supreme Court may look like.
DOMA has two main effects: (1) It prevents the federal government from requiring that any state or political subdivision recognize a same-sex marriage from another state; and (2) Section 3 of the Act codifies the non-recognition of same-sex marriages for all federal purposes. In 2011 the Obama Administration announced that it deemed Section 3 of DOMA unconstitutional, and although it would continue to enforce it, it would no longer defend it in court. Section 3 has been found unconstitutional in eight federal courts, including the First and Second Circuits.
Dale Carpenter has put together a good—if short—analysis of DOMA’s fortunes in court, with some nice predictions about how the Supreme Court may address the matter. The New York Times also produced a nice article providing a bit more information about the background on the conflicting opinions regarding discrimination and levels of scrutiny.
Some corporate lawyers talked with Shannon Green at Corporate Counsel regarding the effect of the rulings on their companies’ approach to offering benefits to families of employees in same-sex relationships. It seems that believe that the writing is on the wall regarding the restriction of federal protections from same-sex couples and that it is in employers’ interests to implement these benefits sooner rather than later. The article raises the question about whether companies are doing this because of the perception of inevitable civil rights legislation, or because the employees and the culture at large is dictating the change.
And Joe Palazzolo at the Wall Street Journal Law Blog nicely sums up the ruling in a piece citing law professor and Volokh Conspiracy contributor, Jonathan H. Adler. Adler predicts that the Second Circuit’s ruling “makes it more likely that the Supreme Court will strike down Section 3 of DOMA when this issue finally comes before the Court.”
(photo: Shutterstock: 110026151)
A Roundup of Thoughts on Recent DOMA Decisions is a post from the law firm marketing blog, Lawyerist.com
Source:
Anyone can join.
Anyone can contribute.
Anyone can become informed about their world.
"United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.
Before It’s News® is a community of individuals who report on what’s going on around them, from all around the world. Anyone can join. Anyone can contribute. Anyone can become informed about their world. "United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.
LION'S MANE PRODUCT
Try Our Lion’s Mane WHOLE MIND Nootropic Blend 60 Capsules
Mushrooms are having a moment. One fabulous fungus in particular, lion’s mane, may help improve memory, depression and anxiety symptoms. They are also an excellent source of nutrients that show promise as a therapy for dementia, and other neurodegenerative diseases. If you’re living with anxiety or depression, you may be curious about all the therapy options out there — including the natural ones.Our Lion’s Mane WHOLE MIND Nootropic Blend has been formulated to utilize the potency of Lion’s mane but also include the benefits of four other Highly Beneficial Mushrooms. Synergistically, they work together to Build your health through improving cognitive function and immunity regardless of your age. Our Nootropic not only improves your Cognitive Function and Activates your Immune System, but it benefits growth of Essential Gut Flora, further enhancing your Vitality.
Our Formula includes: Lion’s Mane Mushrooms which Increase Brain Power through nerve growth, lessen anxiety, reduce depression, and improve concentration. Its an excellent adaptogen, promotes sleep and improves immunity. Shiitake Mushrooms which Fight cancer cells and infectious disease, boost the immune system, promotes brain function, and serves as a source of B vitamins. Maitake Mushrooms which regulate blood sugar levels of diabetics, reduce hypertension and boosts the immune system. Reishi Mushrooms which Fight inflammation, liver disease, fatigue, tumor growth and cancer. They Improve skin disorders and soothes digestive problems, stomach ulcers and leaky gut syndrome. Chaga Mushrooms which have anti-aging effects, boost immune function, improve stamina and athletic performance, even act as a natural aphrodisiac, fighting diabetes and improving liver function. Try Our Lion’s Mane WHOLE MIND Nootropic Blend 60 Capsules Today. Be 100% Satisfied or Receive a Full Money Back Guarantee. Order Yours Today by Following This Link.
| Visits: | 1,707,530,488 |
| Stories: | 8,447,978 |
Whistler Blowers, Insiders
