The 5 Steps in the DOMA Decision That Will Overturn all Traditional Marriage Laws.

By Tom Del Beccaro, on Jun 27, 2013

The 5 Steps in the DOMA Decision That Will Overturn all Traditional Marriage Laws

My goal of  my writing is to place events in historical context - to let you see the part, in light of the whole, as Will Durant would say. With that understanding . . . 

I am not surprised with the decision to strike down the Defense of Marriage Act. This nation began as a country in which federal law started where state law ended - not the other way around. States were to be the incubators and center of our laws.  

Of all our presidents, James Monroe embraced that principle, perhaps best and most succinctly, in his 25,000 word veto of a $6,000 Congressional appropriation to fix the Cumberland Road.  Monroe wrote plainly and clearly, that the “National Government begins where the State governments terminate . . .” Within those words lies the essential nature of the 10th Amendment – the notion that states have primary authority which defines the boundaries of the federal government – not the other way around.  Beyond that, Monroe stressed that the “real sovereignty is in the people alone.”  According to Monroe, after the Revolution, sovereignty “passed directly to the people of each Colony and not to the people of all the Colonies . . . from the Crown it passed directly to the people.”  Again, with those words, Monroe succinctly states the essentials of limited government, i.e. that government is not the creator of rights but instead was granted certain powers, and that power was bestowed on the people of the colonies not a country as a whole.

That was the true essence of our state-centric, limited government, and it was the true essence of the experiment in Liberty known as the United States.

The tide of history, however, is that government power centralizes - always and everywhere. Dispersed power is inefficient and the ambition of those in office to rule is insatiable.  The courts are not immune to that process. Long ago, the federal courts started invalidating state laws on federal grounds in keeping with that dynamic. Our 5th Amendment, at a very basic level, rests on a powerful principle: Equality under the law.  Under that principle, different is not equal. When you combine that principle with centralizing power and federal supremacy over state laws, there really is no stopping point for the invalidation of states' laws that are not the same or  laws that are "unequal."  Viewed in that context, the DOMA ruling cannot be a surprise.

While any one court decision along the way may arouse greater ire than another, for those keeping watch over the American experiment, there can be little doubt that our system of government is no longer what our Founders wanted.

~ ~

Justice Anthony Kennedy’s opinion will lead to the turning over the prohibition same sex marriages.  Scalia is right when he writes that the justifications the majority used are "rootless and shifting."  I have tried to straighten them out.

Step by step, here is how they will lead to the overturning of traditional marriage laws:

Step # 1. The key to Kennedy’s opinion is his reference to Equal Protection:

Kennedy wrote: “The liberty protected by the Fifth Amendment’s Due Process Clause contains within it the prohibition against denying to any person the equal protection of the laws.”

Equal protection under the 5th Amendment (and the 14th) essentially means that all people must be treated the “same.”

 Step #2. Kennedy declared DOMA causes a lack of uniformity in state law.

Kennedy writes that 1) “DOMA rejects the long-established precept that the incidents, benefits, and obligations of marriage are uniform for all married couples within each State, though they may vary, subject to constitutional guarantees, from one State to the next,” and 2)  “DOMA’s principal effect is to identify a subset of state-sanctioned marriages and make them unequal.”

With that, Kennedy opens the door to some day say  that a state's denial of same-sex marriage violates a Constitutional guarantee.

 Step #3.  Kennedy declared DOMA  creates inequality in federal law.

Kennedy then states that “DOMA writes inequality into the entire United States Code.”[1]

 Step #4. Based on 2 and 3, Kennedy is forced to conclude that:  “DOMA is unconstitutional as a deprivation of the liberty of the person protected by the Fifth Amendment of the Constitution.”

By eliminating DOMA under the theory that it creates unequal rights, the Kennedy decision NECESSARILY creates step #5.

 Step 5:  This decision - by definition  - creates inequality at the federal level.  The federal government  will provide same-sex marriage benefits but those rights/benefits will be denied/won't be available in those states that ban same-sex marriage.  Therefore, the next logical conclusion is that states cannot deny same-sex marriage because they will be denying those couples equal federal benefits.  AT THAT POINT, the 5th Amendment ( i.e. federal law) overruns all state laws on the subject.

The best part of Scalia's dissent, in my view, is Scalia pointing out those unequal federal benefits and how the language of the Kennedy opinion will be part of that future opinion overturning bans on same-sex marriage in the states.

In short, the Kennedy majority will overturn all laws prohibiting same-sex marriages.  It is just a matter of time.  I predict it will occur in 2015.


[1] Under DOMA, same-sex married couples have their lives burdened, by reason of government decree, in visible and public ways. By its great reach, DOMA touches many aspects of married and family life, from the mundane to the profound. It prevents same-sex married couples from obtaining government healthcare benefits they would otherwise receive. See 5 U. S. C. §§8901(5), 8905. It deprives them of the Bankruptcy Code’s special protec- tions for domestic-support obligations. See 11 U. S. C. §§101(14A), 507(a)(1)(A), 523(a)(5), 523(a)(15). It forces them to follow a complicated procedure to file their state and federal taxes jointly. Technical Bulletin TB–55, 2010 Vt. Tax LEXIS 6 (Oct. 7, 2010); Brief for Federalism Scholars as Amici Curiae 34. It prohibits them from being buried together in veterans’ cemeteries. National Ceme- tery Administration Directive 3210/1, p. 37 (June 4, 2008).  For certain married couples, DOMA’s unequal effects are even more serious. The federal penal code makes it a crime to “assaul[t], kidna[p], or murde[r] . . . a member of the immediate family” of “a United States official, a United States judge, [or] a Federal law enforcement officer,” 18 U. S. C. §115(a)(1)(A), with the intent to influence or retaliate against that official, §115(a)(1). Although a “spouse” qualifies as a member of the officer’s “immediate 24 UNITED STATES v. WINDSOR Opinion of the Court family,” §115(c)(2), DOMA makes this protection inappli- cable to same-sex spouses. DOMA also brings financial harm to children of same- sex couples. It raises the cost of health care for families by taxing health benefits provided by employers to their workers’ same-sex spouses. See 26 U. S. C. §106; Treas. Reg. §1.106–1, 26 CFR §1.106–1 (2012); IRS Private Letter Ruling 9850011 (Sept. 10, 1998). And it denies or reduces benefits allowed to families upon the loss of a spouse and parent, benefits that are an integral part of family security. See Social Security Administration, Social Security Survivors Benefits 5 (2012) (benefits available to a surviving spouse caring for the couple’s child), online at

Orilseraltuse xaikalitag Mageffemfrima - iziananatt Trausyday advipaxapse

From Cipto Junaedy Indonesia, although I am originally from Indonesia but I'm so glad when visiting here, a lot of new things that can be used as inspiration and proclaim in Inonesia, thanks friend Cipto Junaedy....

This is absolutely a air-conditioned column and its absolutely understandable! I'm animated that you aggregate this! And you accept absolutely acceptable and important points!

The real kitchen fit is as important as the planning and usability improvement stage. There is no point at all spending ages getting the plans and functionality perfect if the end product is a poorly finished job. You need to use someone who is capable of fitting you a top quality smart-looking brand new kitchen.

I did weathered this specific getting the club here while using conscious routines My spouse and i keep...

Jika anda tidak berbicara secara terbuka kepada khalayak ramai tentang seseorang bernama Website Cipto junaedy tentu hal ini akan semakin menambah polemik dalam struktur organisasi yang anda pimpin.

You should comment on the competition comparison of the blog. You can highlight it's mind boggling. Your blog exploration/tour will broaden your conversions. Sbobet

I am really enjoying reading your well written articles. It looks like you spend a lot of effort and time on your blog. I have bookmarked it and I am looking forward to reading new articles. Bandar Bola

I think more updates and will be returning. I have filtered for qualified edifying substance of this calibre all through the past various hours. Agen Sbobet

Its like you read my mind! You seem to know so much about this, like you wrote the book in it or something. I think that you could do with some pics to drive the message home a bit, but other than that, this is great blog. A great read. Ford Makassar

What if there was some way to tap into the ever-growing popularity of world-wide sport that could turn the gambling factor of sports betting into an investment vehicle producing sustainable results over the long-term such as equity trading?

For a successful business, it is essential to do right marketing, especially when online. There are some really effective marketing methods, which give extraordinary results if applied.

As a business, art investing can mean quite a return if the piece is held for long enough. Many investors new to the art buying industry have been attracted by the advertising of record art sales which have taken place in recent years.

Can we unite the small businesses in the United States and use the synergy created and the efficiencies attained so they can compete against the big boys and multi-national corporate conglomerates?

Thanks for sharing - festa e lembrancinhas

When conversing with professional photographer Hellen Vehicle Meene she identify film as experiencing "secret". Now I'm unsure what the techical expression for wonder is but creatively I realize precisely what Hellen implies. yunpengedu

This topic is the one that I have been looking into from last 3 days and your insight is extremely useful. Thanks for sharing this information.  Now you can buy best quality Vinyl Stickers from this site

One effective raiding strategy can be utilized using a combination of few Giants and lots of Archers. Clash Of Clans Hack Tool No Survey Wifi Hack Wifi Password Hack Tool Wifi Hack

Thanks for sharing such useful information; I will be checking your blog for further updates and information.

One way to battle the opposition is with a lawyer that will be on your side and fight for your rights

Such a excellent article! This information offers with wonderful as well as helpful tips for that all men and women. As well as me personally. I find this post impressive as well as I need to state that I was literally fascinated myself by this.

You have a very inspiring way of exploring and sharing your thoughts. It is very uncommon nowadays, lots of sites and blogs having copy pasted or rewritten info. But here, no doubt, info is original and very well structured. Keep it up.

remedies for uterine fibroids

Learn more about a unique franchise opportunity and sports marketing jobs. People today who are avid about sports, just like you, are making a career of combining their interest with sales and marketing principles and their desire to have a business of their own.

it or share it across Nexopia and the rest of the web! Nexopia is the number one online social networking community for teens to connect and express themselves. Deutsch

lots of irritation as well as discomfort to those people who are inside the actual closed region, especially

pregnancy miracle

I really appreciate that you wrote this article and shared some really good information on this specific topic. I was in vital need to get some information on this topic and thanks to you, I've got that! Thanks, once again!

The courts are not immune to that process. Long ago, the federal courts started invalidating state laws on federal grounds in keeping with that dynamic. Our 5th Amendment, at a very basic Leeanne

Great article with excellent idea!Thank you for such a valuable article. I really appreciate for this great information..

There are lots of key points to consider when making the best choice for your own Branson web design service. These affect all businesses who're currently looking for a web design service for their own new task. web design

the Defense of Marriage Act. This nation began as a country in which federal law started where state law ended - not the other way around. States were to be the incubators and center of our laws. launch x431 v+

I was reading your article and wondered if you had considered creating an ebook on this subject. Your writing would sell it fast. You have a lot of writing talent.

Thank you for helping people get the information they need. Great stuff as usual. Keep up the great work!!! how to make disease go away

The website is looking bit flashy and it catches the visitors eyes. Design is pretty simple and a good user friendly interface.
best ways to make your ex want you back

Incase you uploaded your ebooks to the storage provider's server , you'll be able to
read your ebooks directly from your mobile device by login into your control panel
from your mobile device and selecting the book that you want to read. yunpengedu

Perhaps, the biggest advantage to making your own YouTube videos is that your videos can be just about whatever you want them to be. Popular videos on YouTube right now include comedy skits, video blogs, how-to videos, and music videos from up and coming artists. Hollywood Songs 2015

Nicely presented information in this post, I prefer to read this kind of stuff. The quality of content is fine and the conclusion is fine. youtube to mp3

Long before Ballet flats with striking names became objects of desire, chicks have been shoe-crazy. Yes, buying a pair of shoes has always had near-supernatural effects.

Long before Ballet flats with striking names became objects of desire, chicks have been shoe-crazy. Yes, buying a pair of shoes has always had near-supernatural effects.  incall massage in London

Italy has been a dream destination for many avid travelers because of its heritage and culture and also because of the presence of the Vatican City in the country. rejser kreta

Pretty good post. I just stumbled upon your blog and wanted to say that I have really enjoyed reading your blog posts. Any way I'll be subscribing to your feed and I hope you post again soon. Big thanks for the useful info.

this is really nice to read..informative post is very good to read..thanks a lot! Verfügbarkeit prüfen

When you have atlanta freedom limousine rental to travel around town in atlanta you can bet your stay will be perfect

I love reading through an article that can make men and women think. Also, thanks for allowing for me to comment! check out phen375 customer reviews

Because Harawira is going to be under-insured. When death finally
does occur relative should start their own funerals.
However, the wreath is pesticides a necessary step in funeral
costs. Cremation is also a nice online review for
us. signsunlimitedocala

Very useful post. This is my first time i visit here. I found so many interesting stuff in your blog especially its discussion. Really its great article. Keep it up.

The Jackrabbit, which isn't really a rabbit at all, but a hare, is found all over the southwest. There are about four different species of jack rabbit, three of which live in Arizona and New Mexico. They are a good bit larger than a rabbit and don't spend nearly as much time below ground.

Since onlіne ɗating, I haѵе nevеr had a bad
Ԁate аnd I've met lotѕ of interesting guүs. Βy joining a wеbsіte thhat is a
Relatіonshіp Exchange Pɑrtner you get more choices, more singleѕ to
choose from or bе matched with and a better chance of finding your match.

This is the true blending of the African and the Western cultures.
It aall ѕtarts with you Determine what you want. Tension and neǥatіvity hang in the air, and heaviness sitѕ in your heart.

We ɑll like to play games.

It creates an awarenesѕ about you amongst
tɦe seekerѕ, generates intеrest amongst those who
understand it, aarouses a ɗesiгe amongst tɦe ones
who like it, and finally leads to an action! Finally, a decent online
dating matcɦ appeared іn my іnbox. On tɦese profiles, they post photօs, a bit of their background, hoЬbies and
inteгests, ɑctivіties ɑnd so on. Anyy gooԁ e-males oout there?

Thе main reason is that thеy do nnot know hߋw to get Ɗutch
women to bed with tҺem. Now that is what I meаn by Synergy!

without being oveгly blarney, boaѕtful and unrealistic.
The pгoblem is that his disappеarance may brring outt all yoսr relationship fears of being hսrt or your female tendency to feel abandoned.
You'll have to complete your ϲhaгge cɑгԀ particulars iff you need
tо read yօur messages or talk to other singles online.
You can do it while you take rest ɑt ƴour hοme. Eaгliеr I
mentiߋned that І hwve tampеrеd with online dating аnd
have actually met a person through tɦis medium. In fact, a Piisceѕ mɑy evеn exhibit traits oof aseхսalitу as it is the Pisces thаt seeks out a relatiоnship in which
mind and spirit connect mοre so than a physical օrr seхսal connection.

Thiss can bbe verʏ annߋying and faкe. How perfect Ԁoes eveгytɦing have to be befoгe you decide to seettle down? I often say tҺat getting over a dіvorce is like mourning the
loss of a lօved one. Umm, and рaintings! That's riǥ to send mаіl
and receіνe mail. It's a difficult, lоng trial thatt ϲompгiѕeѕ numerous inciԀents of socializing wіtҺ parts
of thhe opposite gendег.

However, as a ѡhole most men will admit they consider sex veгy important.
Looking for Vіet gіrls for datig and mаrriɑge
is simƿle these dаys. You are рrovided with your own priνate e-mail so
that you may send or recеive mеѕsages. He stays in cloѕe contact with his single friends.
However, eգսallу aas important is the pеrsοnality you convey with yօur

Well, bսddƴ, if you have to stoppеԀ and think, eѵen iff
you hesitated forr a seсond, you lose, simρle as tɦat.
Thеy don't ɑlways have the same energy lеvel of a 25 year old mаle.
If you hаve someοne special in mind, ʝuѕt use the search tоol too pick Һer out of the crowԀ.

Not tҺat I had much choice in tҺe seсond moment, really.

Tеll her aƄout howw ѕοme menn will say anything too get seҳ.
How easy is online dating for you?

Ozone layer deρletion and othеr pollutant consequences of lobal ԝarming have been еxtensivеly estimateɗ
in several conventions by numеrօus organisɑtions ɑnd lots of movieѕ over the
years. Explain to her tҺat reаsons illеgal drugs аre
bad and tthe risks aѕsocіated with it. Keepp it short bеcause
the attention span of viewers іs very less and it іs the innatе
tendency of human beings to skip instantly to tɦe next on finding somtҺing better and fascinating.

The book сoѵers how and why Vivienne got into the dating bսsineѕs,
the pгoblems she encountered when staring the businesѕ, marketing ɑnd advertising ѕolutions,
tipѕ onn stаrting your own οnline Ԁɑting busineѕs,
what youս shoսld consider preior to staгting аn online business, why pеߋple jоіn online dating sites, and othег challenging,
hսmorous, and noot ѕo funny anecdοtes.
Օpenn thee car doοr forr her and ϲlose the car door everү time yyou go with her.
It waѕ thеre tɦat sҺe got her start in the music and fashion biiz
(well really mսsic biz) when sshe studied aгt andd muѕiс.

Оnline for frеe datіng seгvices are now flowing iin to the primary
strеam. Of coursе, everʏ parent dislike thе idea of giving cell phones
to theiг kids, however, it is impοrtant foг yyou tօ givе a cеll phone to yоսr kid.
Go oսt with the gսys, focus on your hobbіes and carеer for a
a couple of weeks. WҺen yоu realise that hiѕ pսlling aաay is
just the natսгal male withdrawal гesponse,
you cɑn learn to handle it. That day, you ɦad not a doubt in your mijnd that you were marrfying the person that you wօuld
bе with andd love fοr the rest of yоur lifе.

The pereson you meet in cyberspace should ƅe the samе оne you
meet in person. Сertainly, teens аrе very muсh agaіnst thhe іdea ߋf
controlling them. Fеatures include: աho is onlie noѡ, who iѕ on video
chat, whoo are the new fаaces аnd people աho hаve viewed you.
This hows signs of the inability to let go and move on. You may
higҺligɦt your qualities, edսcɑtional background, etc.
If that's the case, I would say tҺat it really isn't that important to wait beeforе you begin ddating after divorce.

Piсƙ your favoгite from theѕe attention-gettіng ɦeadlіnes,
for yοսr profile. At the same time, you simply increase
your cjances of mеetinga flipping psyϲho wɦеn ʏߋu get out in cуberspacе.
Search throսgh hundreds of ρrofiles and photos of singles you are intеrested in orr that havе let you know
are interesteԀ in ʏou. Selecting the right photogrаpҺ is veгy іmportɑnt.
It iѕ free, as in completely fгee to mеssaǥe each other, emaіl each other, look at profiles, ƅrowse, search...
Yoս haven't been on a date in yeaгs.

Whenever he replaced his edatіng usernamе frߋm Mike4857 to MikеInSɦiningArmor,
girlѕ stагted fаlling all οver him!! Try and
tell somе srt of story with your photos abߋut you, your
interests and your lifе. Yoou sense that things aren't as close and you wonder if yοu
are losing him. Baad Boy Seekos Good Girl Ӎore than just yߋur Boy-Toy The guy your mother warned
үou ɑbout! Lοoking critically at Black ѡhite dating, these
couplеs haіl from varіous nationalities which means various cultureѕ.

Internet dating has changеd the lives of numerօսs pеοple arοund tthe globe.

Tɦe best way forr parentѕ to accept thіs is for
thеe teenager to bring the datе home աith a gгоսp of friends аnd let them gеt too know
the family. Lately I've realized that having adventures with somneone is mjch mοre thrilling thɑn haѵing them all alone.
There is no better plɑcе tο link up wіth Asіan men ԁating tҺan online andd ѕpeсifically on Asiаn dating sites.
Have tɦe good tіmes outnumbred thee bbad times? Agɑin, if
the man interјects and wіsҺes to pay, he should Ƅe allowed
too ddo so.

He Wants To Cսddle If he's not ɑ touchʏ-feely type of person, but you find him ϲonstantly cuddling you
- that's a sign he's in lovѵe with you. Be original, neveг а copy cat.

Also visit my web blog ...


Clash of lords cheats

Each weapon has its own individual financial statements maneuvers and conjures different demons. So you will at one time by a giant eagle and other times assisted by a unicorn with a giant sword on his forehead. Thanks to the new "Umbran Climax" feature you can also every few minutes each of your attacks with the power of the respective demon reinforce what inspires playful and visually over again from the beginning.

hack clash of lords 2

official gazette this week, explicitly state that same-sex couples have the right to assisted reproduction but must also ‘respect the doctor’s right to conscientious objection. magic supplies

Thanks For sharing this Superb article.I use this Article to show my assignment in is useful For me Great Work.

Post new comment

  • Web page addresses and e-mail addresses turn into links automatically.
  • Lines and paragraphs break automatically.

More information about formatting options

By submitting this form, you accept the Mollom privacy policy.