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Speak Out: Court Rules Marriage Act Unconstitutional

Were the judges right?

 

A federal appeals court in Boston ruled Thursday that the Defense of Marriage Act — which defines marriage as between one man and one woman — is unconstitutional because it denies benefits to same-sex couples that heterosexual couples receive.

The justices stayed the ruling pending an anticipated decision by the U.S. Supreme Court, Bloomberg reported.

According to the Huffington Post: "The court didn't rule on the law's more politically combustible provision, which said states without same-sex marriage cannot be forced to recognize gay unions performed in states where it's legal. It also wasn't asked to address whether gay couples have a constitutional right to marry."

The judge who wrote the unanimous decision was appointed by President George H.W. Bush, the Wall Street Journal said. Presidents Bill Clinton and Ronald Reagan appointed the other two.

"I think that it's a sensible and conservative decision," said State Sen. Richard Madaleno (D-Dist. 18), who is openly gay. "It continues to demonstrate the momentum that is on the side of dignity and recognition for same-gender couples."

Speak Out: Was the court right? Was the court partially right? Was the court completely wrong? Will the ruling have an effect on the same-sex marriage referendum in November? Tell us in the comments.

Related Topics: Defense of Marriage Act, same-sex marriage, and speak out

Doug Tallman

5:36 pm on Thursday, May 31, 2012

Esther French interviewed Sen. Madaleno, who said he didn't think the ruling would affect directly the likely same-sex marriage referendum in November. He does believe that "it has the potential to be another 'aha!' moment in the debate over the freedom to marry."

Most of all, it serves as a reminder that federal law continues to deny same-sex couples access to federal benefits, he said.

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Doug Tallman

5:47 pm on Thursday, May 31, 2012

One more thing, we've reached out to the Maryland Catholic Conference and we're waiting for a call back.

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Ronald

7:42 pm on Thursday, May 31, 2012

Shame on the court for interferring with the will of the people as defined by their elected representatives. I thought that there was a separation of State and Church inthis country but this legal decision appears to force Churches to recognize, condone, support and perform same-sex marriages. What a joke.

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Peter Mork

8:56 am on Friday, June 1, 2012

This decision does not "force Churches to recognize, condone, support and perform same-sex marriages." The ruling does not require any church to perform a same-sex marriage. However, if a church chooses to perform a same-sex marriage (allowed under MA law), then that marriage is recognized by the state (of MA), and must (according to the ruling) also be recognized by the federal government. Thus, the court is supporting the will of the people (in MA).

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jenny

10:15 am on Friday, June 1, 2012

Clergy have not and will not ever be "forced" to perform any marriage. Clergy still refuse in some places to marry interracial couples, and couples where one is Catholic and one is not. Clergy refuse to marry couples for all kinds of reasons - these decisions, and laws like the one in MD will only mean that same sex couples can get legally married according to the laws of the state. Also: Right now MY MINISTER is legally not allowed to marry myself and my partner, because the state of MD denies a marriage license to same sex couples. How's that for separation of church and state?

Piotr Gajewski

7:50 pm on Thursday, May 31, 2012

"this legal decision appears to force Churches to recognize, condone, support and perform same-sex marriages."

Ronald, you are mistaken: this decision does not do that, so you can rest easy. The separation of church and state is safe.

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Dave Williams

11:59 pm on Thursday, May 31, 2012

up until the 1950s courts didn't make law. Its not there job, it never has been,, and they shouldn't be getting away with it now. If there is no federal law about marriage, so why did a federal judge hear the case? Why did the federal appeals court make law for millions of people in the north east? Their judges,,, not law makers. They should all be thrown out. If the supreme court over rules them, they should resign.

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Peter Mork

8:50 am on Friday, June 1, 2012

The court is not making any law. Instead, it is ruling on the legitimacy of a federal law, which very much was "a federal law about marriage." The court determined that it is up to the states to determine who can marry. If we accept the legitimacy of that principle, then the court's ruling was consistent. If a state recognizes a marriage between two people, then any federal benefits allocated on the basis of marriage must be afforded to those individuals. If one state allows first cousins to marry, then the federal government must recognize that marriage as legitimate. Similarly, if a state (such as MA) allows two men to marry, then the federal government must also recognize that marriage as legitimate. Thus, the court did not make a law; it merely reviewed the law, which is an established check/balance on the power of the legislature.

Kenn Bing

1:04 am on Friday, June 1, 2012

Doug Tallman & Esther French . I see you posted this article and I am not sure why you posted it in different patch locations. I also notice you do not disclose your position in this policticlly charged issue of people's lives and communities about same gender marriage. I wonder if you are consistent with your reporting of other issues, like the churches in Indiana, Kansas and North Carolina who outright use Christianity as the tool to destroy people who are.born gay. Gay people just want to stand up for their God given right to the persist of happiness and the liberty to live a life free of tyranny of religon. So I ask you be transparent to this issue as matter of fair and balanced reporting.

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Doug Tallman

9:27 am on Friday, June 1, 2012

@Kenn Bing --

Patch is a network of websites in communities across the U.S. This story was published in a handful of sites across Maryland. A similar version appeared in sites in Virginia.

My personal view is to respect everybody. If you'd like to continue this discussion, feel free to email me at douglas@patch.com.

Jeff Hawkins

9:14 am on Friday, June 1, 2012

Could we have a "dislaimer" on this article. I noticed on another Local Voices comment one had to be provided. Thank you in advance.....

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Theresa Defino

10:20 am on Friday, June 1, 2012

Disclaimers don't go on news stories written by journalists who objectively and accurately reports on a court decision.

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Jeff Hawkins

11:01 am on Friday, June 1, 2012

That's your opinion......... and since the writer interjected his own personal viewpoints pertaining to his own story, one is needed. Thank you in advance....

Theresa Defino

11:25 am on Friday, June 1, 2012

No. There is no opinion from the writer. All opinions are in quote marks and attributed. Not sure where your confusion comes in, Jeff. But you're wrong.

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Jeff Hawkins

11:34 am on Friday, June 1, 2012

The bias is clear and it only represents only one side of the issue, not only in the article but the writer's comments. So a disclaimer is warranted.....

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Peter Mork

1:48 pm on Friday, June 1, 2012

I'm trying really hard to find the "clear bias." In terms of an opinion, I see the phrase, "The court didn't rule on the law's more politically combustible provision," which could have been written more neutrally as "The court didn't rule on all provisions of the law, including:" That rewrite would remove the opinion that one of those is politically combustible (although whatever one's beliefs, that provision is politically charged).

The closing quote supports one side, but it is clearly marked as an opinion. I'm struggling to see the need for a disclaimer. Can you please elucidate for this dummy the "clear bias?"

Theresa Defino

12:34 pm on Friday, June 1, 2012

Nope. The NEWS is what you object to. You don't like the ruling? That's your right. It was accurately reported.

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Jeff Hawkins

1:08 pm on Friday, June 1, 2012

Replay 11:34 comment.......

Theresa Defino

12:56 pm on Friday, June 1, 2012

Also you would normally get a quote that comments on the ruling rather than the losing side. Plus this a really short story that's basically a clip job.

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Jeff Hawkins

2:14 pm on Friday, June 1, 2012

Peter:
I'm shocked I tell you...........shocked.....

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Peter Mork

3:12 pm on Friday, June 1, 2012

Regardless, the confusion (on my part) is real. Specifically what makes the article biased?

Jeff Hawkins

3:28 pm on Friday, June 1, 2012

Peter:
Just about the whole thing Peter, no differing opinions or viewpoints were sought out. Perhaps they should have waited to procure a couple before going to print? In effect, by doing so the article becomes one-side and in other words biased.
This has become a practice used far too often........

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Peter Mork

3:50 pm on Friday, June 1, 2012

"A federal appeals court in Boston ruled Thursday that the Defense of Marriage Act ... is unconstitutional because ..."

-- A statement of fact. There is no opinion or viewpoint here except for the reason offered by the court (but the whole point of the article is the court's ruling).

"The justices stayed the ruling pending an anticipated decision by the U.S. Supreme Court, Bloomberg reported."

-- Neither does this look like there's any opinion, apart from the justices' opinion that the case is likely to be appealed.

"According to the Huffington Post: "The court didn't rule on the law's more politically combustible provision... It also wasn't asked to address whether gay couples have a constitutional right to marry.""

-- A statement of fact. This paragraph indicates which provisions of the law are not affected by the ruling. There doesn't seem to be any implication as to whether or not those unaffected provisions should or should not be allowed to stand, merely that this ruling does not touch them.

"The judge who wrote the unanimous decision was appointed by President George H.W. Bush..."

-- More facts. There is no opinion or viewpoint here at all.

""I think that it's a sensible and conservative decision," said State Sen. Richard Madaleno (D-Dist. 18)...""

-- Finally, an opinion! But, this opinion is not the author's opinion. It is the opinion of Sen. Madaleno, and is attributed as such.

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Peter Mork

3:50 pm on Friday, June 1, 2012

(My apologies to the author for the lengthy exigesis.)

So, we are looking at the following pieces of information being included:
1) A law was struck down on particular grounds.
2) The ruling was stayed.
3) Not all parts of the law were struck down.
4) The judges were appointed by various presidents (establishing some context).
5) A quote in favor of the court's ruling.

There's nothing controversial in the selection of 1) through 4). Of those paragraphs, 1) and 3) are probably the most important.

So, it seems like your objection boils down to the mrer existence of the final quote. Thus, instead of claiming "the whole thing" is biased, you could have started with the complaint that no counterpoint to Sen. Madaleno's quote was provided. That's a legitimate point and more productive than throwing up your (figurative) hands in "shock."

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Bora Mici

9:39 pm on Saturday, June 2, 2012

It seems like DOMA is flawed because it seeks to define marriage at the federal level, while also attempting to ensure that states maintain their sovereignity on the matter. It's a paradox.

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