The first case concerned the constitutionality of the Defence of Marriage Act (DOMA), which was an American federal law, enacted in 1996, that required that the federal state should only give recognition to opposite-sex marriages in the United States and also restricted federal marriage benefits to opposite-sex marriages.
The second case concerned the constitutionality of California's Proposition 8, a California ballot proposition and a state constitutional amendment passed in the November 2008 state elections. The measure added a new provision, to the California Constitution, which provides that "only marriage between a man and a woman is valid or recognized in California." The United States District Court Judge Vaughn Walker overturned Proposition 8 on August 4, 2010, ruling that it violated both the Due Process and Equal Protection clauses of the United States Constitution. The Ninth Circuit Court of Appeals panel later affirmed the decision that Proposition 8 was unconstitutional.
Through the decisions delivered by SCOTUS today
1, the Defence Of Marriage Act (DOMA) was struck down as being unconstitutional by a 5-4 majority and
2. in the the Proposition 8 case the ruling was, by a 5-4 majority, that supporters of the measure did not have legal standing (did not have the right) to appeal the lower court's ruling, thereby leaving the earlier decision that the measure was unconstitutional standing and clearing the way for same-sex marriages to resume in California.
HALLELUJA!!!
This is a first step for the Supremes. I predict marriage equality will be come the law of the land in the United States within 5 years.
ReplyDeleteThe last time the Supreme Court issued a ruling as eventful for society's perception of a what can constitute a "marriage" was in 1967 with the Loving vs. Virginia decision which invalidated laws prohibiting interracial marriage in 40% of the United States. Back then, the entire Southern part of the United States forbid interracial marriage-- in fact, if you see the classic movie Showboat this is what this musical is all about. Resistance in the old South to black and white unions was even more intense back then than resistance to same-sex marriages today.
I predict that the Supreme Court will force every one of the 50 states to recognize same-sex marriage once two things happen-
1. The ratio of Democrat vs. Republican justices increases to 5-4. It is 4-5 right now. Justices are appointed for life, and hopefully the neanderthal Justice Scalia who made a disgusting and bigoted speech today will kick the bucket so he can be replaced by another Obama nominee, or Hillary Clinton nominee after 2016.
2. The number of states approving marriage equality rises to at least 25. 13 approve it now. Since many states need to overturn constitutional amendments banning same-sex marriage by popular referendum, this is at least four years away.
But this is a huge step for the United States. Over 90 million Americans live in states that recognize same-sex marriage, making the USA the largest place by number where LGBT people can legally marry. Brazil and Mexico will become the two largest once court decisions are put in place -- but for now, the USA is #1!
I will keep my hopes up and my fingers crossed that your predictions will be fulfilled and share your joy over the significance of today's decisions, Eddi!
DeleteYAY! I have to confess I was checking the New York Times every 15 mins till 9 a.m. this morning :) Then, I did the happy dance around my office. In the wake of the Voting Rights Act decision, I was not optimistic. I am so happy as you know there isn't a better party than a good wedding! Now there will be more of them! BTW, Eddi gets it right Bock. It's the Supremes :) I have always pictured either Diana Ross behind the bench or the Chief Justice in serious sequins :)
ReplyDeleteBig Huggs to all my LGTG friends out there! Itsa about time!
Diana
Oops, serious typonese. LGBTQ, my apologies :)
ReplyDeleteLOL don't get me started on the subject of you Americans and acronyms, I will never stop...
DeleteI was actually even once considering doing a post on just the acronyms used over the world for homosexual and transexual interestgroups but I realized that te project was undoable for a blogpost, it has to be thesis or a book to explain it all in an understandable way.
You are excused, my dear straight ally!