Thursday, July 8, 2010
While You Were Sleeping...
... or at least going stupid about the impending LeBron James press circlejerk, something monumental happened.
In the case of Gill vs U.S. Office of Personnel Management, the so-called Defense of Marriage Act was ruled to violate the Fifth Amendment of the United States Constitution. In a second separate decision DOMA was ruled to violate the 10th Amendment, which states that individual states are to regulate such matters.
Both lawsuits aimed at Section 3 of the Act, the part that prohibits federal agencies from recognizing same-sex marriages that individual states recognize.
While the decision will likely be appealed to the highest court in the land, this is a very important ruling. This is not specifically a statement of equality of human beings, but an affirmation of the powers of individual states. So the left wins with the human rights issue, and the right wins with the local-government issue. While the far fright fringe will emit the "activist judge" cry, (what they do whenever their positions are ruled against by the courts) they needs to realize that these two rulings are the first in a very long time where everybody wins.
For now, all couples in Massachusetts who are in the employ of the federal government will enjoy all of the rights, privileges, and tax brackets that their neighbours do, and one day this may be true of all pairs in their great land.
If America wasn't the home of brave people like Melba Abreu and Denise Hernandez, it would not be the land of the free.
Posted by Michel-Exildas Galipeau at 18:22