Wednesday, June 26, 2013

Marriage equality: Victory in court

The U.S. Supreme Court ruled this morning that the federal Defense of Marriage Act (DOMA) is unconstitutional. As related by Amy Howe via “Cover It Live” at SCOTUS Blog: “DOMA singles out a class of persons deemed by a State entitled to recognition and protection to enhance their own liberty.” The ruling is a clear victory for same-sex couples and allies of marriage equality.

Marriage equality social media avatar: Pink equal-sign on red background
Marriage equality social media avatar
The Court also dismissed an appeal of a trial court order that prohibited the California Attorney General and the California Governor from enforcing Proposition 8.

From the opinion, as relayed by Howe: “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. We decline to do so for the first time here.”

And according to Kevin Russell, also live-blogging at SCOTUS Blog:
“There will be much further discussion and analysis about how the decision in Perry affects other couples in California. For the time being, we will say this: the Supreme Court has dismissed the appeal challenging a final order from the trial court. It would appear, then, that the order will go into effect. And it appears that this final order purports to prohibit the Attorney General and the Governor from enforcing Prop. 8.
“There could well be new challenges to the scope of that order. But for the time being, the order appears to be in effect and to prevent enforcement of Proposition 8 statewide.”
The Prop. 8 ruling, according to NPR analysis, means that marriage between same-sex couples in California may resume, “but the ruling does not have a broader implication across the country.”

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