Political Science Essay Paper on Protection of the gay community

Protection of the gay community

The Defense of Marriage Act (DOMA) violates numerous constitutional provisions. In the United States v. Windsor, the federal defense of Marriage Act was passed by the Supreme Court. The Act was discriminatory and did not uphold the protection of the fundamental human rights of the gay society. The act only permitted marriage between a man and a woman and prohibited the recognition of same sex marriages. Civil activists did not protect or acknowledge citizens in some unions, which made them feel less protected by not upholding their respect, dignity, and liberty.

Failure of the government to recognize same-sex marriages affected federal benefits as it constrained an individual’s access to the benefits guaranteed a partner in case of incidences such as the death of a spouse. Such benefits include healthcare protections, taxation, and bankruptcy. However, DOMA supporters argue that making provisions for such benefits disrupts the federal balance.

The Supreme Court unquestioningly executed its mandate by doing away with the Defense of Marriage Act. This great achievement for the gay rights movement has been welcomed, as they have tirelessly pushed for the end of victimization of homosexuals and the equal protection of their civil rights. Moreover, it is a win for the gay family unit whose issues of concern like nondiscrimination in the workplace and bans on gay service in the military are now resolved.

Upholding fundamental human rights and freedoms is the rule of the law and must accommodate all persons, giving them equal treatment and protection. The citizens in same-sex marriages need equal recognition in all the provisions of the law just as those in heterosexual unions. As such, the changes made in the DOMA law were worth it in order to achieve this goal.