Thursday, June 27, 2013

Service Members and State's Rights Salute The Timely Demise Of DOMA & PROP 8!?! Gay Lesbian BiSexual TransGendered Americans Can Finally Begin To Celebrate Equality Almost!!

via Fort Wayne Equality

On the tenth anniversary of the decision of Lawrence v. Texas (2003), which began the restoration process of Gay, Lesbian, BiSexual, and TransGendered or InterSexed, (GLBTI) Citizens, as full and equal members of this American Civil Society, by repealing certain laws which did not allow for GLBT persons the freedom to associate freely, and engage in private romantic activities, amongst many other things, including adding a extra classification for JUDICIAL SCRUTINY and placing 'indelible characteristics which cannot be muted' into a Title IX compliance issue, The Supreme Court of the United States took Marriage Equality (which already exists in 13 States or 33% and up to ten Sovereign Tribal Territories) five steps further to a full reality today by repealing the third section of the 1996 Defense Of Marriage Act (DOMA) and ordered the lower Ninth Circuit Court to dismiss based on grounds of STANDING and lack of JUDICIAL OVERSIGHT AUTHORITY, the attempt to secure Proposition 8 (PROP 8) as the Constitutional force of the People in California, when the right to marry previously existed by order of the Courts interpreting the State Constitution, and again was repealed by the Courts, because of the trichotomy of Statuses caused by the several different Statuses caused in the impending legal wranglings and pandering by interest groups, leaving well established families to clean up the whirlwind around them and the effect that it had on their children within social peer settings.

However as much todays decisions were five steps forward for Marriage Equality it has taken States Rights into a whole new universal reality. Through a casual skimming of the documents and later analysis, what the Court did today was anything short of expected, they in essence, established the STATE as a Corporate Personhood, the head of that being the Person of the Governor in Office and other Officers of the State in subsequent authority rather than even dealing directly with the individuals involved they issued to the State as a Corporate Person the 1st, 4th, and 5th Amendment Guarantees and therefore was then able to fry the cord on both the People of California trying to defend PROP 8 (which banned gay marriage) by saying they had no authority to overstep their Governor/Secretary of State/Attorney General etc.decision to not appeal and with DOMA Section 3 repealled, told the Federal Government to get their hands of the throat of the State and her citizens whom the State says can lawfully marry because it has and always will be a State sanctioned action, the Church doesnt even come in second place in this ruling.

The decision in DOMA helped facilitate the decision in PROP 8 (as cited by Chief Justice Roberts dissent). Below you will find links to the rulings and other analysis, and I would encourage you, as even I still am doing so, to diligently read thru them not just make off the cuff remarks about the intrinsic results that will and have now forever changed the conversation not just on Marriage Equality but State's Rights and the issue of Corporate Personhood as well.

Lastly there are several things that have immeadiately come about full circle in light of these two rulings:

1.) All GLBT Service Members (All Seven Branches of the Military and Civil Defense) and Federal Employees whom were married in a State that acknowledges Marriage Equality, even if they no longer reside in that State, can now begin to receive partner benefits, as well as file joint income tax returns next year, along with all the other 1,000 federal benefits and protections. Dont Ask Dont Tell (DADT) has finally been killed off completely, ironically by friendly fire!!

2.) Edie Windsor. Remeber that name. 42 years of together forever love was enough to bring down hate; but it took one 84 year old woman to tell the Courts who where and how, when it comes to Marriage Equality. Dont ever say one voice cant change the world forever, because today, one voice did just that!

3.) Marriage is still defined by the State not the Federal Government nor the Church. The Courts reaffirmed that right to the State indefinitely. They also did not challenge the legitimacy of either PROP 8 or Marriage Equality in California or in the Federal DOMA Statute. They simply stated that the People of California and of the other 13 States attempting to override their dually elected officials did not have the right to usurp the States interest in choosing not to defend the amendment to the State Constitution or act of the State Legislature; therefore in all cases the legitimacy of Marriage Equality itself was not challenged, just the application of it to federal law and benefits.

4.) The Libertarian Party since its founation in 1971 has held that, Sexual orientation, preference, gender, or gender identity should have no impact on the government's treatment of individuals, such as in current marriage, child custody, adoption, immigration or military service laws. Government does not have the authority to define, license or restrict personal relationships. Consenting adults should be free to choose their own sexual practices and personal relationships. Furthermore the LP National Committee and the LP Allen County applaud yesterday's decision to strikedown DOMA.

Dan Drexler, The State Chair of The Libertarian Party of Indiana also had the following commentary to provide regarding the decision and the forth coming sanctimonious outrage by Governor Mike Pence and others within the Republican controlled General Assembly:
“Today’s decision by the U.S. Supreme Court is clearly an historic move toward marriage equality consistent with the long-held libertarian belief that government does not have the authority to define, license or restrict personal relationships. Consenting adults should be free to choose their own sexual practices and personal relationships.”
“We encourage Republican leaders in the Indiana Statehouse to heed this ruling and abandon their ongoing efforts to build discrimination into Indiana’s own state constitution in this year’s legislative session.”

5.) Take the time to read the decisions for yourself dont just base your opinions on what other people assert find out why the Justices delivered a three tier punch and a roundhouse kick to the Federal Government and the People of California. Your going to be shocked at some of their reasons, dismayed even, but it will challenge your heart and mind for the sake of our Nation, where to one day, we can all be EQUAL in the sight of God and mankind, but most especially first, in the eyes of the law!

United States v. Windsor (DOMA) | Hollingsworth v. Perry (PROP 8)

In other words, how many millions of dollars did Congress waste trying to Defend DOMA?

7.) Will the Federal Full Faith And Credit Clause force States that do not recognize gay marriage to recognize a marriage that was legal in another state? A different section of DOMA says that States do not have to recognize same-sex marriages from other states. That provision was not challenged in today's decision. So the constitutionality of that provision remains an open question.

8.) A Couple Excerpts from SOCTUSBLOG from todays DOMA/WINDSOR ruling:
Unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment. "DOMA singles out a class of persons deemed by a State entitled ot recognition and protection to enhance their own liberty." The opinion and its holding are confined to those lawful marriages.

page 20: There is a "careful consideration" standard: In determining whether a law is motivated by improper animus or purpose, discriminations of an unusual character especially require careful consideration. DOMA cannot survive under these principles. 

Bottom of 25-26: The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and injure those whom the State, by its marriage laws, sought to protect in personhood and dignity. By seeking to displace this protection and treating those persons as living in marriages less respected than others.

No comments:

Search This Blog

Alfie Evans

1. When a doctor says A and a parent says B, I tend to go with what the doctor says. Usually the doctors are right. After reviewing Alfie...

Blog Archive


Brgd. General Anthony Wayne US Continental Army


My blog is worth $11,855.34.
How much is your blog worth?


About Commenting

Keep it clean and relevant to the post. If you have a question that isn't related to a recent post, email me at . You can also email me if you want to make an anonymous comment.


Per the by-laws of the Libertarian Party of Allen County, the Chair is the official spokesperson of LPAC in all public and media matters.

Posts and contributions expressed on this forum, while being libertarian in thought and intent, no official statement of LPAC should be derived or assumed unless specifically stated as such from the Chair, or another Officer of the Party acting in his or her place, and such statements are always subject to review.