The U.S. Supreme Court will better define marriage in the next month when it begins hearing arguments concerning the Defense of Marriage Act. The act exists to define marriage as between a man and woman, thereby refusing benefits for gay couples.

The act inherently creates inequalities and should be struck down. Discrimination on the basis of sexual orientation should not be allowed to continue. It is fundamentally against the nation’s values of individual liberty and equality.

The law has been challenged several times in court. In a case the Supreme Court will soon hear, Windsor v. United States, the provision of the law in question regards federal benefits for same-sex couples. While spouses in opposite-sex marriages are eligible for Social Security survivor benefits, insurance and the ability to file taxes jointly, same-sex couples are forbidden from these benefits in DOMA.

The Obama administration filed a brief Friday in opposition to the law. Solicitor General Donald Verrilli wrote, “The law denies to tens of thousands of same-sex couples who are legally married under state law an array of important federal benefits that are available to legally married opposite-sex couples.”

America has had a history of discrimination. Though some forms have decreased, when it comes to same-sex marriage, the history of discrimination lives on. Discrimination continues to get codified into our laws.

Social conservatives like DOMA for a variety of reasons. Many argue marriage is simply supposed to be between a man and a woman. They argue this is the way defined in the Bible and is the “natural,” “correct” order for things.

This same logic has persisted throughout our nation’s history. It is the logic that harbored discrimination toward African-Americans, prevented women from voting and couples of different races to marry. Throughout history, we have decided this logic is incorrect. Laws and court rulings have gradually enabled equal treatment under the law. The Supreme Court should continue this progress.

The courts, not voters, must be partly responsible for ensuring fairness. Conservatives often feel it appropriate for voters to decide whether same-sex marriage is acceptable. In many states that have voted on the topic, voters have not approved measures to allow same-sex marriage.

Much like voters did not vote to expand African-American rights and interracial marriage, voters should not have the right to deny same-sex couples marriage. Government has protected minority groups in the past and should continue to do so.

Individual liberty is one of the core beliefs of those in the United States. True conservatives will argue the government should not decide which marriages are preferential to others. We cannot deny individuals rights when they have no control over who they are. Just like gender and race, individuals do not get to decide their sexual orientation.

The United States needs to move beyond institutionalized discrimination. Determining DOMA unconstitutional is a step in the right direction. We should all want a nation that ensures all citizens be treated fairly and without preference. Discrimination, whether by law or behavior, should not be accepted.

Harmen Rockler is a senior newspaper and online journalism and political science major. His column appears weekly. He can be reached at [email protected] or followed on Twitter at @LeftofBoston.

Published on February 26, 2013 at 1:00 am