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

Analysis of the DOMA Decision. Task: Analysis of the DOMA Decision. The Defense of Marriage Act is an Act that spells out the various features that define a marriage in the US. 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 such, one of the issues that was addressed by the decision and falls under the Fourteenth Amendment of the constitution is that it barred the ethical condemnation of homosexuals, thereby facilitating a fair representation of all couples.

In addition, the 2013 decision enables spouses to be lawful recipients of any benefits that result from their union. 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is the increasingly high number of individuals who would have most likely been affected by the Act if it was not repealed.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 Therefore, the Act had to be repealed by virtue of its magnitude. References.Pierceson, J. (2014). Same Sex Marriage in the U.S.: The Road to the Supreme Court and Beyond. Texas, TX: Rowman & Littlefield.CNN. (2013, June 26). Edie Windsor on DOMA ruling. [Video file]. Retrieved from: https://www.youtube.com/watch?v=NvfIiOK-4LQBall, C. (2014). Same-Sex Marriage and Children.

New York, NY: Oxford University Press.