Supreme Court Rules Defense Of Marriage Act & Prop 8 Are Unconstitutional

Gay Marriage Wins
"TIME" magazine declares that gay marriage has already won. Read More »
DOMA Struck Down
In the appeals court. Read More »
Waiting out DOMA ruling
DOMA protest
Gay marriage supporters wait out a ruling on the Supreme Court steps. Read More »
Supreme Court Rules Defense of Marriage Act Unconstitutional

In a huge victory for gay marriage supporters, the Supreme Court ruled 5-to-4 on Wednesday that the Defense of Marriage Act and Prop 8 are both unconstitutional.

According to the SCOTUS blog the judges ruled in the following fashion:

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

According to the ruling, Chief Justice John G. Roberts, Justices Antonin Scalia, Clarence Thomas and Samuel Alito, were all in the minority.

The statute was ruled invalid, according to the Supreme Court’s blog, because:

“DOMA singles out a class of persons deemed by a State entitled ot recognition and protection to enhance their own liberty. 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.”;

Regarding California’s anti-gay marriage bill Prop 8, the court ruled:

“that opponents of same-sex marriage did not have standing to appeal a a lower-court ruling that overturned California’s ban. The Supreme Court’s ruling appears to remove legal obstacles to same-sex couples marrying in the state, but the court did not issue a broad ruling likely to affect other states.

In case you forgot what we were up against, check out this video of conservatives fa-reak-ing out about gay marriage.

Pretty insane, right?

Planned Parenthood President Cecile Richards, who was pretty busy last night, said: “This country is seeing extraordinary progress on marriage equality, rooted in principles that underlie the work Planned Parenthood does every day: that politicians should not get to decide what your family looks like, and that rights in this country should not depend on the state where you live. Today, we celebrate these rulings and commit to ensuring that all LGBT people are safe, supported, and respected.”

Feminist Majority President Eleanor Smeal echoed Richards’ sentiments, adding, “There is still work to do, but victory is in sight.”

[New York Times]

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