Thursday, October 18, 2012

DOMA Struck Down By New York Appeals Court...

by: Les Carpenter
Rational Nation USA
Liberty
-vs- Tyranny


As a supporter of equal rights the decision by a New York Appeals court striking down DOMA, the second court in the nation to do so, is welcome news. Especially satisfying is that Dennis Jacobs, a conservative judge in New York wrote the following; "Homosexuals are not in a position to adequately protect themselves from the discriminatory wishes of the majoritarian public." Judge Jacobs statement, in a nutshell defines one of the greatest dangers inherent in a true democracy, something progressives advocate regularly. Rule by the majority can, and often does, create a sort of tyranny for the minority. Such is the case with DOMA.

New York (CNN) - A federal appeals court in New York became the nation's second to strike down the Defense of Marriage Act, finding that the Clinton-era law's denial of federal benefits to married same-sex couples is unconstitutional.

The divisive act, which was passed in 1996, bars federal recognition of such marriages and says other states cannot be forced to recognize them.

The 2nd U.S. Circuit Court of Appeals determined Thursday that the federal law violates the Constitution's equal protection clause
, ruling in favor of a widow named Edith Windsor, an 82-year-old lesbian who sued the federal government for charging her more than $363,000 in estate taxes after being denied the benefit of spousal deductions.

"What I'm feeling is elated," said Windsor. "Did I ever think it could come to be, altogether? ... Not a chance in hell."

The case centered on the money Windsor wanted back, but raised the more looming question of whether the federal government can continue to ignore a state's recognition of her marriage and financially penalize her as a result.

"Homosexuals are not in a position to adequately protect themselves from the discriminatory wishes of the majoritarian public," wrote Dennis Jacobs, a conservative judge in New York.

A federal appeals court in Boston made a similar ruling in May, but the moves are considered largely symbolic as the issue is expected to eventually be taken up by the U.S. Supreme Court.

Man tells senators: Defense of Marriage Act cost me my home

"This court has a limited jurisdiction," CNN legal analyst Paul Callan said. "But this is a very favorable decision for those who believe that the Defense of Marriage (Act) unconstitutionally discriminates against same-sex couples."

Those who back striking down the law "believe this decision will give them a very strong position arguing before the U.S. Supreme Court in the future," he said.

New York Gov. Andrew Cuomo also weighed in on the three-judge-panel's decision, saying it "provides further momentum for national progress on this important civil rights issue." {Read More}

Seeing the courts uphold the principle of individual civil rights over that of majoritarian rights is indeed a very good thing for for us all.

Via: Memeorandum

15 comments:

  1. Les,

    Why'd you have to stick that little dig in there?

    "...something progressives advocate regularly."

    No they don't. That's a lie. I mean, really, name a few instances from any "progressive," let alone even a single example that would be considered a progressive action today.

    Most of the majoritarian nonsense comes from the Right, and you know it. From the Left (not progressive prerogatives, though), you may get a little silly "PC" stuff. But from the Right, we get real life, serious, consequential majoritarian oppression.

    I know it makes you libertarians sleep better at night when you're in bed with the Right, which is most of the time, but on this occasion, and on most like it, you're in bed with the left, and you don't have to feel any shame for a change. Can't you just enjoy that?

    As I've said for years - you libertarians have far more in common with most liberals than you have with most conservatives, or progressives or Democrats, but Christian "Conservative" Republicans? C'mon man!

    JMJ

    ReplyDelete
    Replies
    1. jmj. If you think it is a lie then perhaps you ought to educate your brethren on many (in fact most)progressive sites that expound the doctrine of "democracy" without ever mentioning that in America we have a democratic REPUBLIC. Something instituted for damn good reason and we all ought to be very thankful for it.

      For most progressives it is the state that we all should hail as the answer and the solution to everything. Deny it if you want. However the facts are the facts and no amount of evasion or spin changes the facts.

      Thanks though for your input.

      Delete
  2. Again, Les, show me an example of majoritarian action on behalf of the exposition of democracy by progressives? You'd be hard-pressed.

    JMJ

    ReplyDelete
    Replies
    1. And you would be harder pressed to prove me wrong jmj, in fact you can't, or would would have already made the attempt.

      I suggest you read Philosophy, Who Eds It.You might find it instructional.

      Thanks again for your input.

      Delete
  3. RN: "Homosexuals are not in a position to adequately protect themselves from the discriminatory wishes of the majoritarian public." Judge Jacobs statement, in a nutshell defines one of the greatest dangers inherent in a true democracy, something progressives advocate regularly.


    Are you not aware, RN, of the majoritarian Christians in this country who've howled over the fact that a minority of nontheists and non-Christians are offended at having to tolerate Christians insisting that this country is "One Nation under GOD?" or "In God We Trust?" Or that the USA went down the toilet when forced Christian prayer was taken out of our PUBLIC schools? Or hearing the majoritarians tell us that we are a Christian nation? All of that is something conservatives advocate regularly.

    I am in complete agreement with the judge, conservative or liberal, who ruled on DOMA. And those who claim marriage has always been between one man and one woman ignore human history and Mitt Romney's own family history.

    Marriage is between consenting adults who wish to share a life together, and all the privileges government bestows on it. I don't care how that's constructed or what sexual orientation is involved.

    ReplyDelete
  4. Saw your nigger comment at PE. Along with your Jew hate comments you are the one spreading hate. You truly are a sick motherfucker. I know you won't print this, but it had to be said. Get help.

    ReplyDelete
    Replies
    1. Well Anon, I published your filthy lying comment for you. Now get the fu*k off this site you lying sick motherf**king bastard. And don't come back assh*le.

      Delete
    2. AnoN, feel free to continue to waste your time. The past three lying and disgustingly filthy comment will never see the light of day. You are the BIGGEST COWARD anyone has likely sever known. Hiding behind your non identity. You are one sick bastard. You really need to get help VERY SOON.

      Delete
    3. Same thing I said to you, I didn't write the racism you did. I not wasting my time, you read my comments, it's you they are directed at. see you responded, even though you didn't publish my comment.
      By ass hole. Be back soon fuckhead.

      Delete
    4. Hey, look here. Anon the asshat lying bigoted racist bas*ard has returned to spew more lies and hate. Bravo asshat, bravo!

      For a completely ignorant deluded fool I'll say this much for ya, you sure are a persistent ignorant asshat.

      Now, go do the world a favor will ya? Go swallow a box full of rat poison and quick chase it down with a liter of kerosine.

      Toddles jackass...

      Delete
  5. "Rational Nation USA Fri Oct 19, 09:15:00 AM EDT
    I am aware of all of this. Your point is."

    RN, you continue to repeat this "Your point is." statement/question here and on my blog.


    Saying "Your point is" in response to my comments seems to me to be a deliberate avoidance of the very points I make.

    Do you really need me to point out that majoritarian mob rule is exactly what conservative Christians have tried to impose on this secular nation? And that your statement that it is "...something progressives advocate regularly"as a tag-on to this serious discussion is nothing more than conventional partisan frippery, IMHO.






    ReplyDelete
    Replies
    1. No Shaw I do not need you point out a damn thing to me. And in my NEVER HUMBLE opinion you are guilty of the "partisan frippery" you accuse others of.

      It is clear that you, just like your buddy above understand very little of what I write. I have been no friend of the Christian Right (socons) and have made it perfectly clear many times in my posts on the subject.

      Now,toddles and have a hell of a fine progressive collectivist intolerant weekend.

      Delete
    2. This jackass writes Jew hate and racist comments, then claims progressives are intolerant. What a piece of shit.

      Delete
    3. Real class act aren't you asshat? Intelligent people, which you most certainly are not, can read and think for themselves. Thus accurately interpreting the written word and placing it in the proper context. And they will. So I encourage them to visit any site I have commented on and visit my archives as well.

      The proof of who the real jackass is lies in the data. Of course a sniveling fool like you who obviously suffer from extreme delusional syndrome and or dementia is beyond help. I really pity you fool.

      Delete

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