Wednesday, June 26, 2013

Supreme Court Deems Federal Defense of Marriage Act Unconstitutional, Sidesteps Ruling on Calif.'s Prop 8

Posted By on Wed, Jun 26, 2013 at 9:28 AM

A big victory was scored by proponents of same-sex marriage across the country, as the Supreme Court of the United States struck down a portion of the Defense of Marriage Act that refuses federal benefits for same-sex couples.

From The Hill:

“DOMA undermines both the public and private significance of state-sanctioned same-sex marriages; for it tells these couples, and all the world, that their otherwise valid marriages are unworthy of federal recognition,” Justice Anthony Kennedy wrote.

The court's liberal wing joined Kennedy's opinion, which was full of rhetoric attacking DOMA as a law that aims to “disparage” and “humiliate” same-sex couples.

“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,” Kennedy wrote.

...

The Obama administration will have to hammer out some details of how to apply the ruling, but overall it means federal benefits are now available to same-sex couples in states that recognize their marriages.

The court also issued a separate ruling, sidestepping a judgement on California's Proposition 8 ban of same-sex marriages and deferring to a lower court ruling that named Prop. 8 unconstitutional.

From the L.A. Times:

Chief Justice John Roberts, speaking for the 5-4 majority, said the private sponsors of Prop. 8 did not have legal standing to appeal after the ballot measure was struck down by a federal judge in San Francisco.

"We have never before upheld the standing of a private party to defend the constitutionality of a state statute when state officials have chosen not to," he said. "We decline to do so for the first time here."

Justices Ruth Bader Ginsburg, Stephen Breyer, Antonin Scalia and Elena Kagan joined to form the majority.

The court’s action, while not a sweeping ruling, sends the case back to California, where state and federal judges and the state’s top officials have said same-sex marriage is a matter of equal rights.

Today's shaping up to be an interesting day in American legal history, folks.

Tags: , , , , ,

Comments

Showing 1-1 of 1

Add a comment

 
Subscribe to this thread:
Showing 1-1 of 1

Add a comment

Today | Mon | Tue | Wed | Thu | Fri | Sat
DO(OM) Yoga

DO(OM) Yoga @ Floor Polish

Sundays, 8-9 p.m.

All of today's events | Staff Picks

Staff Pick

The Harry Potter Charity Ball

Strada Company presents a celebration and cosplay party of all things Harry Potter for the benefit of… More

@ Tucson Scottish Rite Cathedral Sat., July 29, 6-10 p.m. 160 S. Scott Ave.

» More Picks

Submit an Event Listing

Popular Content

  1. A Few Thoughts on the New AzMERIT Scores (The Range: The Tucson Weekly's Daily Dispatch)
  2. The Weekly List: 13 Things To Do In Tucson In The Next 10 Days (The Range: The Tucson Weekly's Daily Dispatch)
  3. 'Repeal and Replace' Cuts Schools' Medicaid Funding (The Range: The Tucson Weekly's Daily Dispatch)
  4. In The Flesh: Casey Golden, Daycones and Fawn Bones Soothe and Rock the Smoking Area (The Range: The Tucson Weekly's Daily Dispatch)
  5. Tour Diaries: XIXA Day 8: 'Gabe Heard and Saw Me Reset My Knee From Across the Room.' (The Range: The Tucson Weekly's Daily Dispatch)

© 2017 Tucson Weekly | 7225 Mona Lisa Rd. Ste. 125, Tucson AZ 85741 | (520) 797-4384 | Powered by Foundation