Jim Markson Vs Gay Law

Submitted By erickadelro
Words: 1039
Pages: 5
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Brief: For 15 years of a committed relationship with his partner, Tim, Jim Markson has been rejected to the right on filing jointly towards Federal Taxes due to the fact they are not recognized by the federal government with legal marriage. According to the state of New York, my client, Jim has been legally married to his husband since December 2011, in New York. Due to that, the married couple are not recognized to them as married. My client, Markson will be suing the federal government for the money that has been lost in the past 15 years for not being recognized as a married couple. Adding to that, Jim also wants the right to file taxes with his partner in the future, giving them the advantage to get their money back as well. By the 5th amendment, Markson’s views makes him believes that his constitutional right is being violated by the Defense of Marriage Act, as known as the DOMA. The DOMA states that same-sex-couples cannot be considered married on the purposes of federal benefits as in, joint taxes. By this, Markson believes he has the right for equal protection with the law under the federal government as being a violation because the 5th amendment states the words, “any person, which also includes the homosexuals. Adding to that, the 5th amendment also states, “No person shall be deprived of life, liberty, or property, without due process of law…”, supreme court found this clause to add onto equal protection rights under the law. Similar to the Brown v. Board case, this is also found to be true in Bolling v. Sharpe, lessen the District of Columbia where federal laws do apply. Markson wants DOMA to be repealed and not enforced because it does take many civil rights from the homosexuals, such as the joint taxes. The government should recognize married same-sex couples as married, as same as the straight and give them the privledge of filing joint on taxes and many other things.
Issues on Gay Rights: What they have been effected by the federal government
No right to file taxes jointly by homosexual couples
Right to be recognize by the federal government to be known as a same-sex married couple
Receive money that have not been given for the 15 years on taxes
Holding:
1) Court must recognize that a married same-sex- couple must have the right to file taxes jointly, including the DOMA is known as unconstitutional for forbidding to do so. 2) Court must recognize that the DOMA did not state their amendment clearly and is unconstitutional because it states that the federal government does not have to awknowledge same-sex-couples. It violates civil rights for same-sex-couples. 3) Mr. Markson must receive the money he has lost due to taxes only for the year that he has been legally married in New York.
Rational:
1) Court agrees the fact the married same-sex-couples will receive the same treatment as married couples which gives them the ability to file their taxes jointly, as any straight marriage would receive. Also, DOMA will state that, “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…” which prevents married same-sex-couples to be awknoledge by the federal government, therefore the same-sex-couples don’t get the ability to file joint on taxes. Because of that, DOMA violates the civil rights given to all people by the 5th amendment. The 5th amendment states, “no person shall be deprived of life, liberty, or property, without due process of law…” this was found to be known for everyone will receive equal protection rights under the federal government in Bolling v. Sharpe. If a straight couple can file their taxes jointly, and homosexuals cannot; that is not equal protection, that is discrimination. With a similar case, Windsor v. United States, a woman sued for
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