The_Unconstututionality_of_Defense_of_Marriage_Act

 Prior to 1996, when the Defense of Marriage Act was passed, there was no strict definition in the constitution as far as marriage between persons. Once DOMA passed, it strictly set in stone that a marriage shall be between one woman and one man. Recent court action has all but made this law unconstitutional.  President Obama has stated that his administration will no longer defend the law in any court proceedings. The Supreme Court is due to rule on this issue within the next year. Many believe that the law will become unconstitutional, which will pave the way for a federal mandate where states will have to recognize same-sex marriage. Proponents of gay marriage state that by allowing same-sex marriage, gay couples would benefit from the same civil rights and over 1000 federal benefits that are afforded to heterosexual couples. They often cite the 14th Amendment, section 1 which states in part: “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” This has been the basis of most of the actions taken up by groups like the American Civil Liberties Union, Lambda Legal, and the Human Rights Campaign fund, all of which are proponents of same-sex marriage. These groups have forced landmark decisions that until the last ten years or so had been unheard of. They stand behind the fact that marriage is a civil liberty that should be enjoyed by all its citizens.