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meanandproudHope this is the first step for a world wide change!
Supreme Court Strikes Down DOMA, Allows Gay Marriage in California
In a pair of rulings released this morning, the Supreme Court held that the federal Defense of Marriage Act is unconstitutional, and dismissed the Prop. 8 appeal—leaving the door open for gay marriage in California.
In a reportedly very broad 5-4 decision on United States vs. Windsor, the liberal wing of the court and Justice Kennedy—who wrote the opinion—struck down DOMA on the grounds that it violates the Fifth Amendment, depriving a class of persons from their equal liberty.
Justices Roberts and Scalia, both objecting on grounds of jurisdiction, wrote separate dissents; Scalia was joined by Thomas and in part by Roberts. Alito wrote a third dissent, joined in part by Thomas.
In the other big marriage equality case, Hollingsworth v. Perry, another 5-4 majority, this time the liberal wing and Chief Justice Roberts, ruled that the plaintiffs in the case—who were appealing a California trial-court decision striking down the anti-gay marriage Proposition 8—lacked standing, sending the case back to the Ninth Circuit. Essentially, like Monday's Affirmative Action decision, a punt, the decision allows gay marriages to continue in California.
The DOMA case had been brought by Edith Windsor, whose wife Thea Speyer—they were marred in Toronto in 2007—died in 2009. Windsor was required to pay federal taxes on inheriting Speyer's estate; had their marriage been recognized by the federal government, she would have none. This gave her the standing to challenge DOMA's constitutionality. Here they are together, in old photos from the documentary A Very Long Engagement.
Source: http://gawker.com/supreme-court-strikes-down-doma-as-unconstitutional-584865619
Supreme Court Strikes Down DOMA, Allows Gay Marriage in California
In a pair of rulings released this morning, the Supreme Court held that the federal Defense of Marriage Act is unconstitutional, and dismissed the Prop. 8 appeal—leaving the door open for gay marriage in California.
In a reportedly very broad 5-4 decision on United States vs. Windsor, the liberal wing of the court and Justice Kennedy—who wrote the opinion—struck down DOMA on the grounds that it violates the Fifth Amendment, depriving a class of persons from their equal liberty.
Justices Roberts and Scalia, both objecting on grounds of jurisdiction, wrote separate dissents; Scalia was joined by Thomas and in part by Roberts. Alito wrote a third dissent, joined in part by Thomas.
In the other big marriage equality case, Hollingsworth v. Perry, another 5-4 majority, this time the liberal wing and Chief Justice Roberts, ruled that the plaintiffs in the case—who were appealing a California trial-court decision striking down the anti-gay marriage Proposition 8—lacked standing, sending the case back to the Ninth Circuit. Essentially, like Monday's Affirmative Action decision, a punt, the decision allows gay marriages to continue in California.
The DOMA case had been brought by Edith Windsor, whose wife Thea Speyer—they were marred in Toronto in 2007—died in 2009. Windsor was required to pay federal taxes on inheriting Speyer's estate; had their marriage been recognized by the federal government, she would have none. This gave her the standing to challenge DOMA's constitutionality. Here they are together, in old photos from the documentary A Very Long Engagement.
Source: http://gawker.com/supreme-court-strikes-down-doma-as-unconstitutional-584865619
