Profile
Photos
Comments
Supreme Court Strikes Down the Defense of Marriage Act
American University students Sharon Burk, left, and Molly
Wagner participate in a rally for rights for gay couples in front of the
Supreme Court. (Source:AP Photo/Charles Dharapak)
Wagner participate in a rally for rights for gay couples in front of the
Supreme Court. (Source:AP Photo/Charles Dharapak)
In
significant but incomplete victories for gay rights, the Supreme Court
on Wednesday struck down a provision of a federal law denying federal
benefits to married gay couples and cleared the way for the resumption
of same-sex marriage in California.
The justices issued two 5-4
rulings in their final session of the term. One decision wiped away part
of a federal anti-gay marriage law that has kept legally married
same-sex couples from receiving tax, health and pension benefits.
The
other was a technical legal ruling that said nothing at all about
same-sex marriage, but left in place a trial court’s declaration that
California’s Proposition 8 is unconstitutional. That outcome probably
will allow state officials to order the resumption of same-sex weddings
in the nation’s most populous state in about a month.
The high court said nothing about the validity of gay marriage bans in California and roughly three dozen other states.
The outcome was not along ideological lines.
Chief
Justice John Roberts wrote the majority opinion, joined by Justices
Ruth Bader Ginsburg, Stephen Breyer, Elena Kagan and Antonin Scalia.
"We
have no authority to decide this case on the merits, and neither did
the 9th Circuit," Roberts said, referring to the federal appeals court
that also struck down Proposition 8.
In the case involving the
federal Defense of Marriage Act, Justice Anthony Kennedy wrote the
majority opinion, joined by the court’s liberal justices.
"Under
DOMA, same-sex married couples have their lives burdened, by reason of
government decree, in visible and public ways," Kennedy said.
"DOMA’s principal effect is to identify a subset of state-sanctioned marriages and make them unequal," he said.
Some
in the crowd outside the court hugged and others jumped up and down
just after 10 a.m. EDT Wednesday when the DOMA decision was announced.
Many people were on their cell phones monitoring Twitter, news sites and
blogs for word of the decision. And there were cheers as runners came
down the steps with the decision in hand and turned them over to
reporters who quickly flipped through the decisions.
Chants of "Thank you" and "USA" came from the crowd as plaintiffs in the cases descended the court’s marbled steps
Kennedy was joined by the court’s four liberal justices.
Chief Justice John Roberts, Justices Samuel Alito and Clarence Thomas, and Scalia dissented.
Same-sex
marriage has been adopted by 12 states and the District of Columbia.
Another 18,000 couples were married in California during a brief period
when same-sex unions were legal there.
