Supreme Court strikes down DOMA; rules it interferes with states, ‘dignity’ of same-sex marriages
The Supreme Court released two major decisions expanding gay rights
across the country on Wednesday as hordes of cheering demonstrators
greeted the news outside. The justices struck down a federal law barring
the recognition of same-sex marriage in a split decision,
ruling that the law violates the rights of gays and lesbians and
intrudes into states' rights to define and regulate marriage. The court
also dismissed a case involving California's gay marriage ban,
ruling that supporters of the ban did not have the legal standing, or
right, to appeal a lower court's decision striking down Proposition 8 as
discriminatory.
The decision clears the way for gay marriage to again be legal in the
nation's most populous state, even though the justices did not address
the broader legal argument that gay people have a fundamental right to
marriage.
The twin decisions throw the fight over gay marriage back to the
states, because the court ruled the federal government must recognize
the unions if states sanction them, but did not curtail states' rights
to ban gay marriage if they choose.
Justice Anthony Kennedy, the court's conservative-leaning swing vote
with a legal history of supporting gay rights, joined his liberal
colleagues in the DOMA decision, which will dramatically expand the
rights of married gay couples in the country to access more than 1,000
federal benefits and responsibilities of marriage previously denied
them.
"The avowed purpose and practical effect of the law here in question
are to impose a disadvantage, a separate status, and so a stigma upon
all who enter into same-sex marriages made lawful by the unquestioned
authority of the States," Kennedy wrote of DOMA. He concluded that
states must be allowed by the federal government to confer "dignity" on
same-sex couples if they choose to legalize gay marriage. DOMA
"undermines" same-sex marriages in visible ways and "tells those
couples, and all the world, that their otherwise valid marriages are
unworthy of federal recognition."
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