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Supreme Court Overturns Defense of Marriage Act
12 U.S. states have adopted same-sex marriage over the past decade, and many other states have adopted legislation specifically intended to prevent same-sex marriages from being performed or recognized within their borders. The landscape has just changed on that front, though: the 1996 Defense of Marriage Act, which barred federal recognition of same-sex marriages, has been ruled unconstitutional by the U.S. Supreme Court; here's the ruling itself. From the NBC News version of the story:
"The decision was 5-4, written by Justice Anthony Kennedy.
“'DOMA instructs all federal officials, and indeed all persons with whom same-sex couples interact, including their own children, that their marriage is less worthy than the marriages of others,' the ruling said. 'The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity.'"
One major area this affects is tax law; that's one of the salient points in U.S. v. Windsor, the case that drove the court's conclusion. There's more on the story at many major news outlets, and at law-centric sources like SCOTUSblog. The Boston Globe is also live blogging various reactions.
Update: 06/26 16:58 GMT by T : In a separate decision, the court disappointed supporters of California's Proposition 8, a law passed by voter initiative, under which "only marriage between a man and a woman is valid or recognized in California." The court ruled that the private parties which had taken up the Prop 8 banner did not have standing to do so; as the story says, "The 5-4 decision avoids, for now, a sweeping conclusion on whether same-sex marriage is a constitutional "equal protection" right that would apply to all states."
Update: 06/26 16:58 GMT by T : In a separate decision, the court disappointed supporters of California's Proposition 8, a law passed by voter initiative, under which "only marriage between a man and a woman is valid or recognized in California." The court ruled that the private parties which had taken up the Prop 8 banner did not have standing to do so; as the story says, "The 5-4 decision avoids, for now, a sweeping conclusion on whether same-sex marriage is a constitutional "equal protection" right that would apply to all states."
You should no more be able to deny rights to people because of their sexuality than you should be able to deny the right of blacks to vote and hold property.
That Scalia dissented means he's not looking at the right parts of the Constitution but is just being selective.
Believing one group should be able to dictate the rights of another group makes you no better than the Taliban.
Say you have a same-sex marriage in a state that recognizes it or a country that recognizes it. Now you move to Alabama. Are you unmarried? And can Alabama still discriminate against your marriage? Or does this just apply to the federal government?
Just for the sake of shits and giggles, I took screenshots of the three big cable networks (CNN, Fox and MSNBC) about half an hour ago when the first notice came out. I wanted to see how each would report on the announcement.
As predicted, CNN and NBC had nice big, red banners claiming the Supreme Court had a ruling and results would be forthcoming.
Fox, on the other hand, had no notice except for a small box on the right side of their web site which, if you didn't know what to look for, you would have missed.
Now, half an hour later, the Fox headline rules the decision is a victory for gay marriage, NOT that the law was ruled unconstitutional.
So the next time someone whines about the liberal bias in the media, kindly remind them of the twisting of facts by the conservative media.
NOTE: I have a moderate leaning though I do have positions which some might consider on the far side of both political spectrums so this isn't about one or the other. Just the hypocrisy of those who claim bias.
We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
The "Left" once again upholds limited central government and states' rights. The "Right" once again argues (unsuccessfully) for central planning taking a larger role for the "common good" at the expense of individual liberty and states' rights to govern and set their own policies.
Three cheers for the Left (i.e. conservatives) winning again!
"Believe me!" -- Donald Trump
Section 2 still stands, allowing states to not recognize same-sex marriages from other states. IMO a state with Same-sex marriage should pass a law where they don't recognize marriages from states that define marriage differently (AKA as "Between a man and a woman") to force the issue. Worst case you get a lot of new marriage license income as couples have to get remarried for tax/legal reasons.
And today is exactly ten years since SCOTUS issued its Lawrence v. Texas ruling, another landmark case in getting the government out of people's bedrooms.
Liberty in your lifetime
except that is has. at least in NY 2 gay people could get the same rights as a married couple simply by living together for XX amount of years. in fact they dont even have to be gay they just have to live together for XX years to get the same rights as a married couple. so yes, at least around me this was an option that the gay crowd did not find to be acceptable.
have you seen my sig? there are many others like it but none that are the same