Defense Of Marriage Act (DOMA) unconstitutional - redemption coming




On 09 July 2010, US District Judge Tauro ruled in Boston that DOMA violates the Constitutional rights of already married same-sex couples to equal protection and contravenes the federal government’s allowance of states to set their own marriage laws. The DOMA only defended our religiously motivated prejudice, discrimination, and homophobia against the gay community. It was a cold hearted political tool to gain power and Christians should carefully reflect the wrongs we have done in Christ' name.

Judge Taro wrote:-

  1. This court has determined that it is clearly within the authority of the Commonwealth to recognize same-sex marriages among its residents, and to afford those individuals in same-sex marriages any benefits, rights, and privileges to which they are entitled by virtue of their marital status," "The federal government, by enacting and enforcing DOMA, plainly encroaches upon the firmly entrenched province of the state."

  2. To further divide the class of married individuals into those with spouses of the same sex and those with spouses of the opposite sex is to create a distinction without meaning. And where, as here, "there is no reason to believe that the disadvantaged class is different, in relevant respects" from a similarly situated class, this court may conclude that it is only irrational prejudice that motivates the challenged classification.149 As irrational prejudice plainly never constitutes a legitimate government interest, this court must hold that Section 3 of DOMA as applied to Plaintiffs violates the equal protection principles embodied in the Fifth Amendment to the United States Constitution.

  3. “In the wake of DOMA, it is only sexual orientation that differentiates a married couple entitled to federal marriage- based benefits from one not so entitled. And this court can conceive of no way in which such a difference might be relevant to the provision of the benefits at issue,”

In 1996, President Clinton signed the “Defence of Marriage Act” into law. The Act did nothing to ban any divorces nor lowered the incident of marriage breakdown. In fact, the title was a misnomer to hide the anti-gay sentiment reflected when the Senators  repeatedly used terms such as "immoral," "depraved," to describe gays. It was a time in America where the Christian Right takeover of American Politics was gaining steam following the Glen Eyrie agreement to use gays as the scapegoat for popular support.

For President Clinton, DOMA did not stop him having from affairs with Monica Lewinsky which ultimately led to his downfall. In fairness, Clinton had little choice after DOMA was masterminded by the Christian Right to turn it into a campaign issue to drum up support for Senator Bob Dole who was behind the polls. It was a cold hearted decision which led to Clinton being re-elected in the pre-text of protecting state rights on marriage. Clinton did not tell the whole truth. A total of 1138 US Federal rights and obligations were denied of gay couples. In July 2009, more than 13 years later, when asked again on same sex marriage, Clinton acknowledged his errors and replied

 "Yeah." "I personally support people doing what they want to do," Clinton said. "I think it's wrong for someone to stop someone else from doing that [same-sex marriage]."

 The same sex marriage in Massachusetts in 2004 set the precedence for gay marriage and despite the fear spinned by the Christian Right, nothing happened. It was a non event, no thunder and lightning bolt from the sky. It was a lie and spin by the Christian Right. We are denying gays the basic rights because of our own selfishness and ill agenda. The Christian Right cannot afford to be wrong, for they have stake their entire argument for the need to conquer Government and Media as a counter the gay threat for the last 20 years. They have tried to use the majority reasoning to ban gay marriage, ie the basic rights of gay people is tied down to the legislative votes of others.

The tyranny of the majority cuts both ways. We could not morally call for the freedom of religion in countries where Christians were persecuted. The majority reasoning is getting weaker as Gays are coming out more open each day to their friends, family and relatives. We are near the tipping point of 47-50% approving Gay marriages. We are reminded that interracial marriage was legalized in 1967 in US, 72% of the public was against it.

It is a grave sin that many Christians have been the advocates to lie, cheat, steal, and caused incredible harm and suffering in the name of Christ on the issue of Gay marriages. It makes us loose our basic humanity. Even the secular court of the land has condemned us for denying so many the opportunity to love, and be strengthened in their relationships, and have the same rights/benefits as couples.

(1 Sam 18:3 NASB) Then Jonathan made a covenant with David because he loved him as himself.

(1 Sam 18:4 NASB) And Jonathan stripped himself of the robe that was on him and gave it to David, with his armor, including his sword and his bow and his belt.

There is great beauty in the Covenant between David and Jonathan, much like a covenant of marriage founded on love and sealed with an exchange of robes and armour. It was a same sex marriage and the bible makes no judgement nor condemnation of it. This was an ill fated love, against the political intentions of Saul, and so is the love between gays and lesbians coming against our patriachal theology based on culture rather than understanding the heart of God who desires grace and mercy.

Jonathan died and it was a short lived relationship, yet his son was taken care of by David and even given a place of honor. For David knew, that without Jonathan's love for him, he would probably have died without Jonathan protecting him. It was love, so dear a love which caused Jonathan his throne and his life. For Jonathan was willing to give up the throne and put David first. It is the same with many of our gay relationships, challenged by the pressures from society and the church, yet many stayed together even till death, an example of marriage.

Gays will get married in due time, maybe not tommorow but likely in a few years when the public opinion will change. Their love will be a testimony of what marriage should be in view of many straight people who has taken the right to many for granted. In many years to come we will reflect how awful it was for many Christians to deny others of basic civil rights, which is against basic Christianity, the call to love one another as Jesus would have done.

Jesus died, as a man with no descendents. There was few to mourn for him. He was alone at the Cross deserted by most. Many Gays are alone, hidden lest they be persecuted. Their lives, their freedom and opportunity for relationships taken away. It is a lonely place at the Cross, a place of pain, a place of rejection by society at large. The Gay community is a most despised minority, rejected, isolated and suffering. Jesus bidst us to come to Him, for He is our suffering Christ who understands and brings us into new life with Him. In His time, He will return to us all that the Christian Right have taken away from us, our lives, our dignity, our freedom and our dear relationships. Set us free Lord, to live our lives with those we love and cherish to spend the rest of our lives with.

   Wonderful Grace

Wonderful Grace

Verse 1
Wonderful grace
That gives what I don't deserve
Pays me what Christ has earned
Then lets me go free

Wonderful grace
That gives me the time to change
Washes away the stain
That once covered me

And all that I have
I lay at the feet
Of the wonderful Saviour who loves me

Verse 2
Wonderful love
That held in the face of death
Breathed in its final breath
Forgiveness for me

Wonderful love
Whose power can break every chain
Giving us life again
Setting us free

And all that I have
I lay at the feet
Of the wonderful Saviour who loves me

And all that I have
I lay at the feet
Of the wonderful Saviour
The beautiful Saviour
The wonderful Saviour
Who loves me

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