U.S. Supreme Court Strikes Anti-Gay Marriage Laws

[Jack-Hammer]

At or about 10 am EST, the United States Supreme Court filed rulings against a couple of important issues in regards to same sex marriage. The High Court has struck down DOMA, the Defense of Marriage Act, which was a federal law that prevented legally married same sex couples from all the various federal benefits that legally married heterosexual couples have such as taxes, health benefits, pension benefits, having legal say in the medical treatment of their spouse, etc.

The Court has also, for all intents and purposes, struck down California's Proposition 8 as legally unconstitutional. As a result, at least based on info that's out right now, same sex marriage can be resumed in the state of California.

The Supreme Court didn't come right out and say that the issue was closed. Technically, they weren't supposed to in the first place, I think, since the cases before them pertained to DOMA & Prop 8. However, as one would imagine, a great deal of symbolism has been adopted by supporters and opponents of same sex marriage. While the Court didn't come right out and say that same sex marriage is completely legal in every state, that's generally how the decision is being interpreted by some. That's not exactly accurate, at least for the moment, but their decision today is a massive step in that direction. DOMA & Prop 8 were federal & state laws that, for all intents and purposes, denied gays & lesbians many of the same legal rights of homosexuals and have been declared unconstitutional.

I doubt the fight is over as I'm fairly certain that some politician, or groups of politicians, will somehow attempt to find some sort of technicality in which similar laws are passed. As I'm not a legal scholar, though, I'm not at all sure how they could go about it. DOMA & Prop 8 denied benefits and rights to American citizens based upon their sexual orientation. It's discriminatory and, therefore, unconstitutional. I fail to see how any other such proposed laws wouldn't simply be the same thing.

 

[HBsam31]

This is just one of those subjects that I don't understand at all. I am married to a woman and we have a 2 year old daughter. We are very happy. To me that is what this should be all about. I am not naive, and I know there are agendas, but who is anyone else to prevent the happiness of two people if it is not affecting anyone else. This is where I don't understand people. Here is my list of worries in no particular order.
The Health and welfare of my child.
Seeing she grows up to be a productive citizen.
Keeping myself in a good job.
Paying the bills.
Keeping food and clothing on my family.
The amount of crime going on in my community.
Trying to be a good person myself.
I am sure there are more worries I have, but as you can see nowhere on my list is who marries who, and who gets certain benefits from said marriage. To me the gay marriage issue shows how little we have evolved as a people. It's the fact that people actually give a shit one way or the other. It's time to let it go and today's ruling was hopefully a huge step in the right direction.

 

[Davi323]

There is a lot of misinformation out there. The SCOTUS did not invalidate all of DOMA, it only struck the specific provision pertaining to Federal benefits towards married couples. It was a very limited ruling, not nearly as reaching as a lot of people on both sides seem to think. Further, Prop 8 only applies to California, and they left other challenges completely open. That fight is not over by a long shot.

However limited their DOMA ruling was, I agree with the decision. I know, I can usually be counted on as a voice of conservatism, and this is seen as a win for social liberalism. I would argue that this is a victory for conservatism (Real conservatism, not the bastardization of it going on in DC).

This was a victory for states rights over the Federal government. Marriage is fundamentally a state issue, not a Federal one. States issue marriage licenses, and it is states that set the parameters for marriage in each state. Some require blood testing, some do not. Some allow gay marriage, most do not. The point is, it is up to each state, not the US Government. However, the Federal government decided it wanted to join in, and gave married couples certain tax benefits and other perks that non-married couples do not enjoy. But who determines who is married and who is not? The states, not Washington DC.

Therefore, when states like New York decided to allow gay marriage, it was not the US Government's job to say which married couples got benefits and which did not. As far as I am concerned, my own feelings on gay marriage are irrelevant. If individual states choose to recognize a gay marriage with the same legal status as a straight marriage would have, then it seems to me that the US Government ought to do the same. If the government gives benefits to married couples, and it is the states who determine who is married, then the US Government has no business picking which married couples count and which do not.

The US Government needs to be marriage neutral, not pro gay marriage or pro straight marriage. As far as the Government is concerned, a married couple should be a married couple.

The Constitution comes first, my political leanings come second. In this specific DOMA case, I believe the Constitution, and specifically the 14th Amendment, sides with liberals.

 

[Mustang Sally]

Here is my list of worries in no particular order.
The Health and welfare of my child.
Seeing she grows up to be a productive citizen.
Keeping myself in a good job.
Paying the bills.
Keeping food and clothing on my family.
The amount of crime going on in my community.
Trying to be a good person myself.
I am sure there are more worries I have, but as you can see nowhere on my list is who marries who, and who gets certain benefits from said marriage. To me the gay marriage issue shows how little we have evolved as a people. It's the fact that people actually give a shit one way or the other. It's time to let it go and today's ruling was hopefully a huge step in the right direction.

Yes, well, your list points to the notion that you want control of your own life and to work for the welfare of your family, which is great. The folks who are against gay marriage are the ones who are seemingly more interested in controlling the lives of others. Of course, in their lifetimes, the "controllers" will probably meet very few of the others.....and their immediate lives won't be touched by anything the others do. Still, their mission in life is telling the others how they should be living.

I would think most of us are in favor of individual rights and choices. This Supreme Court ruling is a healthy step in that direction although, as has been stated, the battle is far from over.