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Analysis of the 2013 Decision Regarding the Defense of Marriage Act (DOMA) - Case Study Example

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The 2013 decision involved the nullification of section 3 of the Act so that it could recognize partners in same-sex marriages as being spouses (Ball 2014, p. 49). As…
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Analysis of the 2013 Decision Regarding the Defense of Marriage Act (DOMA)

Download file to see previous pages... Finally, the decision facilitates the equal protection of all individuals within its authority. Of all these, the equal protection of all individuals within a given jurisdiction is the most important since it will be largely applicable in any situation given the dynamic nature of the contemporary society (Pierceson 2014, p. 125).
Though various factors led to the final repeal of the DOMA Act, the Windsor v. the US case provides some key factors that ultimately led to the repeal. In the first place, DOMA was quite rigid and did not allow for the flexibility that comes with real life. As Edith Windsor states, she lived with her spouse in love for over 40 years, but the law could not identify this. Instead, the law was structured such that it could only identify it if she met and married a man even if they did not live in love (CNN 2013). This is one factor that must have led to the repeal. Another factor that could have impacted the decision is the increasingly high number of individuals who would have most likely been affected by the Act if it was not repealed. Windsor states that her case only one representation of a deep concern that constrained and affected quite a large number of Americans. Therefore, the Act had to be repealed by virtue of its ...Download file to see next pagesRead More
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