Wednesday, June 26, 2013

DOMA STRUCK DOWN

Via Towleroad

The Supreme Court has struck down the Defense of Marriage Act (DOMA) in a 5-4 decision.

"DOMA is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment."

The standard the court used: is "careful consideration"... not heightened scrutiny, but harkens back to Romer and Lawrence. Rational basis plus.

More excerpt: "The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and injure those whom the State, by its marriage laws, sought to protect in personhood and dignity. By seeking to displace this protection and treating those persons as living in marriages less respected than others."

Read the opinion HERE.

Also, SCOTUS dismisses PROP 8 case, ruling proponents have no standing.

Can anyone tell me what that means?

4 comments:

whkattk said...

Well, according to Jeff Toobin of CNN - DOMA being gone ensures that the FEDS cannot discriminate; meaning they cannot withhold federal benefits from those who've been married (in states where same-sex marriage is legal).

Prop 8 means the lower Fed District ruling stands: gay marriage can resume in Caifornia.

Overall, the SCOTUS has kicked gay marriage back to the individual states. BUT, Kennedy's written opinion leaves a giant opening for cases to be brought against individual state bans on same-sex marriage.

iama[GAY]keeper said...

DOMA = DEAD

becca said...

what a great day

Tamayn Irraniah said...

Nothing like coming home from all this after a nice day out with my mother in law and husband. It was wild.