In 1896, the first Justice Harlan stated when the case of Plessy v. Ferguson (which a case about color) came before him said “Our Constitution is color-blind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law. The humblest is the peer of the most powerful. “(Schwartz) Yet over the past century we have seen policies and rules that seem to do just this. This paper will cover The Defense of Marriage Act (DOMA) in depth and mention several others that have a relationship to this policy.
The Defense of Marriage Act (DOMA) of 1996 is the definition of what a marriage is, created by the government. Below is the policy in its entirety:
An Act
To define and protect the institution of marriage. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Defense of Marriage Act’’.
SEC. 2. POWERS RESERVED TO THE STATES.
(a) IN GENERAL.—Chapter 115 of title 28, United States Code,is amended by adding after section 1738B the following:‘‘§ 1738C. Certain acts, records, and proceedings and the
effect thereof ‘‘No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 115 of title 28, United States Code, is amended by inserting after the ...