Argumentative Essay: The Defense Of Marriage Act

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What if it was not possible to get the benefits that were promised through marriage? What if a marriage license was made unable to obtain? What if love was defined, and not respected? The Defense of Marriage act, created by the house of congress, on January 3rd, 1996 (Defense of Marriage Bill). Passed 342-67, Republican over democratic vote ratio. (Govtrack.us) Created by the 104th congress, 396th house vote (Govtrack.us), and ruled unconstitutional by the Judicial This act did not make it illegal to have a spouse of the opposite sex, for it left that up to the states, although it made it so a gay, or lesbian couples could not get the same benefits as a straight couple could. Benefits such as, Estate Planning Benefits, Death Benefits, Consumer …show more content…

Without the Judicial branch, the other two can almost run freely and do whatever with very little checks or balances. In section three of the Defense of Marriage Act, it states “‘‘In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word ‘marriage’ means only a legal union between one man and one woman as husband and wife, and the word ‘spouse’ refers only to a person of the opposite sex who is a husband or a wife.’’.” (Defense of Marriage Bill) This is showing that the government and many people in the U.S. believe only in one way to be maritally connected and that they will not allow for any other way. But the Judicial branch did not like this very much. They have the power to rule any law unconstitutional, and they used their power to do so on section three of this act.
The Judicial branch didn’t have to decide this way. They could have decided whatever way they wanted and done nothing about it. The law could have been overlooked, and benefits that are now given to same sex couples, could be continued to be restricted. The Executive and Legislative branch could have had all the power in this law making, and at that point they would have to much power and checks and or balances would not have

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