Federal Defense of Marriage Act
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Posted: 01/25/2012
Same-Sex Marriages The federal Defense of Marriage Act (DOMA) was signed into law by President Clinton on September 21, 1996. DOMA defines "marriage" to consist exclusively as a heterosexual union of a man and a woman. Further, DOMA directs federal agencies to recognize only opposite-sex marriages for the purposes of enacting any agency programs. Statutory Language Among other pertinent provisions, DOMA states: "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 as husband and wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or wife." State Authority Under DOMA DOMA also allows each state to determine for itself whether it must recognize same-sex marriages. In other words, DOMA permits a state that has outlawed same-sex marriage to refuse to recognize a same-sex couple that was married in a state permitting same-sex marriage. Divergent Viewpoints Critics of DOMA assert that the law violates the following provisions of the U.S. Constitution, and is therefore unconstitutional: - The Full Faith and Credit Clause provides that "full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state." Critics argue that Congress exceeded its proper authority under the Constitution by enacting DOMA.
- The Equal Protection Clause guarantees that similarly situated persons will be treated alike. Critics of DOMA argue that the legislation illegally discriminates against homosexual couples.
- The Due Process Clause protects certain fundamental rights, including the right to enter into a marriage relationship. Those opposed to DOMA argue that the law violates this fundamental right by unreasonably restricting the liberty of same-sex couples.
To the contrary, supporters of DOMA have expressed fear that "liberal" judges will strike down state defense of marriage acts and further erode the "sanctity of marriage." Those opposed to the legal recognition of same-sex marriages have recommended an amendment to the U.S. Constitution. If ratified, the "Federal Marriage Amendment" would amend the Constitution to prevent state and federal courts from redefining marriage as anything other than the union of one man and one woman. However, the likelihood of the ratification of such an amendment is unlikely, at best. In fact, the Constitution has only been amended 27 times since it was adopted in 1787. Further, in order to amend the Constitution, a two-thirds majority is required in both chambers of Congress (i.e., 290 votes in the House and 67 votes in the Senate), and the amendment must be ratified by at least 38 states. If you would like to have a consultation with an experienced Attorney, kindly contact The Cutler Law Firm at 248-489-8780 or complete THE CONTACT FORM and an Attorney will promptly respond to your inquiry.
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Posted: 05/23/2019
alimony
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Posted: 05/23/2019
Domestic violence
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Posted: 08/01/2018
After years of ambiguity, the Michigan Supreme Court is poised to hear multiple cases that may offer clarity on several issues when parents are unable to agree on changes to a child’s school district. If you or someone you know is...
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July 28, 2016
When is a suicide note, more than a goodbye message to the world?
I have had the pleasure of assisting a few clients during a very difficult time in their lives. They had a relative take their life, or seemingly take their own life, leaving behind a handwritten note that describes the manner in which they want their Estate to be distributed to their heirs. Consider the following cases:
Case #1: A gentleman marries his long term girlfriend, with whom he has experienced an up and down relationship. Within days of their Las Vegas wedding, she takes off on a party filled trip with her girl friends and others. The gentleman continues to work while she is away, and after a while, decides to rent a room in a local hotel. He ingests a large volume of prescription and non-prescription drugs, and begins to write out a 5 page note detailing the problems in his life. He also expresses his desire to leave his 5 rental homes to his two biological children (from a prior marriage), his car and a few other items to his only brother, and SPECIFICALLY EXCLUDES HIS NEW WIFE from receiving any of his worldly belongings.
I represented the brother, and worked with an attorney who represented the children. The wife attempted to secure all of the assets and burn through the funds. Fortunately, my client became suspicious and hired our firm to investigate the matter. Following a limited time for discovery, and a complete handwriting analysis, the case was presented for trial. Four days of witness testimony and dozens of documents, convinced the court to rule that the gentleman's handwritten note constituted a holographic will. The homes were secured, sold and the assets then deposited into trust accounts for the children. The wife was barred from accessing any additional money, and was physically evicted from the marital home.
The legal requirements for Holographic are specific, but include the general concept of a written note by the declarant, that is dated and signed. In our case, the paperwork was not dated. We were able to arrive at the date through other evidence that was compelling to the Court.
Case #2: An elderly man is taken to the hospital. His wife is to frail to join him, and remains home. When he recovers and returns to the home, he discovers his wife dead. A gun lies on the floor, and a bullet traveled through her scull. A note is discovered in her pocket, leaving their entire estate to the dead wife's sisters. As the couple have no children, their estate would have passed to their siblings.
Following a series of Court hearings, the hand writing analysis confirms that the note was not written by the deceased woman. We believe that her sisters wrote the note and then shot their sister. Fortunately, the sisters are now excluded from the Estate. Criminal charges may be pending.
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Posted: 11/05/2013
Personal Protection Orders (PPO)
A Personal Protection Order (PPO) is a civil protection order against violence, the threat of violence and various forms of stalking. Michigan law provides for criminal enforcement...
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Posted: 12/28/2012
Michigan Grandparent Visitation Attorneys
The inherent ability of Grandparents to have the right to visit their grand children after a divorce proceeding is a very complex legal issue. The Michigan Child Custody Act of...
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Posted: 12/27/2012
What is paternity?
In Michigan, paternity is a word that simply means that a male is the father of a certain child. There are advantages for both the father and mother in proving a man is the...
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Posted: 10/01/2012
A CLIENT'S MESSAGE
Without divulging his identity, I want to share the content of a text message I received at 10:00 p.m. on September 29, 2012. The message was directed to my cell phone from a gentleman whose...
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Posted: 09/13/2012
Terminating Parental Rights In Michigan
The court may terminate a parent's parental rights to a child if the court finds, by clear and convincing evidence, one or more of the...
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Posted: 07/23/2012
FINANCIAL AFFIDAVITS AND THEIR USE IN DOMESTIC PROCEEDINGS
Lies and Misrepresentations on the Financial Affidavit in Divorce Actions
When a divorce proceeding is initiated, the Plaintiff files his or her...
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Posted: 05/07/2012
Governmental Immunity
As The Detroit News reported on May 7, 2012, The Cutler Law Firm is off to the State Supreme Court to present its argument that the State Court of Appeals correctly decided the appellate issues...
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Posted: 05/02/2012
Motions To Modify Child Support In Michigan
If you wish to modify child support, a motion will be necessary. Our Mchigan child support modification lawyers can help.
A modification of child support can be obtained based...
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Posted: 02/24/2012
Contempt Motions
Contempt motions, in family law cases, may be filed when one of the parties has violated parenting time arrangements, failed to pay child support, failed to pay spousal maintenance, withheld ...
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Posted: 01/30/2012
What you need to know if you're considering a prenuptial, or premarital, agreement.
A prenuptial agreement ("prenup" for short) is a written contract created by two people before they are married. A prenup...
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