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How can a law be discriminatory, if gays are not a protected class in the United states? So according to the law they don't have a right to federal benefits, right?

There is a 1996 federal law defining marriage as a union between a man and a woman.
"The Law does not prohibit gay and lesbian couples from marrying, nor does it prohibit the states from acknowledging same-sex marriages," according to the court filing by Assistant Attorney General Tony West.
Massachusetts is the first state to sue the government over the DOMA law. Some gay couples have filed their own lawsuits challenging the law, but this case is unique in pitting a state against the federal government over the issue.
"There is, however, no fundamental right to marriage-based federal benefits," according to the 36-page filing.
Justice Dept. spokeswoman Tracy Schmaler "any state can allow gay and lesbian citizens to marry and can make its own decisions about how to treat married couples when it comes to state benefits"


Asked by Anonymous at 7:21 AM on Nov. 1, 2009 in Politics & Current Events

This question is closed.
Answers (71)
  • It is NOT a slippery slope. It is still between 2 people who love each other. 2 people is 2 people whether they are both male, both female or 1 male and 1 female. Polygamy and homosexual relationships are NOT the same.

    Why aren't they the same? My dad and two moms have been in a committed relationship for nearly 40 years. We are not FLDS either. They all just realized for them there was more than one special person. They have worked their entire lives and paid taxes. They have raised 8 children together. We are all good people who also pay our taxes and live honest and great lives. Why are my parents not the same as a straight couple or a gay couple? Why shouldn't they have the right to marry? I know many couples like my parents they live in fear since everyone seems to hate their lifestyle. They have done nothing wrong other than to follow their hearts. Why shouldn't they be allowed to have a legal marriage?

    Answer by Anonymous at 9:39 AM on Nov. 1, 2009

  • that's what they're fighting have the same benefits straight couples have, and to be recognized as such, when they arent/

    Answer by Anonymous at 7:25 AM on Nov. 1, 2009

  • This is what my plight is all about, it only shows the fact of the discrimination. Good for Mass!

    Answer by older at 7:27 AM on Nov. 1, 2009

  • no fundamental right to marriage-based federal benefits

    Answer by Anonymous at 7:28 AM on Nov. 1, 2009

  • I hope MA loses this case.

    Answer by Anonymous at 7:30 AM on Nov. 1, 2009

  • Anon, they won't!

    Answer by older at 7:43 AM on Nov. 1, 2009

  • They [MA gays] are going about it all wrong. They need to lobby to change the DOMA act. Courts don't write laws, they defend them. The DOMA clearly defines marriage as a union between a man and a woman.

    They need to lobby towards Repealing this law first. But then that would open a can of worms in this nation. Last poll I read, the majority of Americans still opposed gay marriage. Many churches preach against it. They have that right. Repealing DOMA would open up churches for possible discriminatory charges. I don't see that law changing at this time. jmo.


    Answer by grlygrlz2 at 7:52 AM on Nov. 1, 2009

  • They are US citizens and deserve the same rights and privileges as the rest of us. period. Thank God I live in a state that recognizes gay marriage! CT may suck 90% of the time but they didn't drop the ball on this one!

    Answer by Octobersmom at 7:55 AM on Nov. 1, 2009

  • So, being gay puts you in a different "class"? Seems like they are discriminating against themselves.

    Answer by jesse123456 at 7:56 AM on Nov. 1, 2009

  • if being gay puts you in a different class and the tide is changing, then how about putting straight married couples into a protected class? we're all protected classes. all these laws do is force people to accept what isn't natural. all the laws the world can't force people to accept if they don't want to. people generally don't liek being forced to do anything. all this does is create more resentment--it doesn't 'further your cause.'

    i for one could care less. i don't fight against it, nor do i go out of my way to support it.

    Answer by Anonymous at 8:04 AM on Nov. 1, 2009

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