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Disclosure: Kevin Russell of the law firm Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, was among the counsel on an amicus brief filed by former senators in support of Edith Windsor in this case.
Issue: (1) Whether Section 3 of the Defense of Marriage Act (DOMA) violates the Fifth Amendment's guarantee of equal protection of the laws as applied to persons of the same sex who are legally married under the laws of their State; (2) whether the Executive Branch’s agreement with the court below that DOMA is unconstitutional deprives this Court of jurisdiction to decide this case; and (3) whether the Bipartisan Legal Advisory Group of the United States House of Representatives has Article III standing in this case.
Judgment: Affirmed, 5-4, in an opinion by Justice Kennedy on June 26, 2013. Chief Justice Roberts filed a dissenting opinion. Justice Scalia filed a dissenting opinion in which Justice Thomas joined and in which Chief Justice Roberts joined as to Part I. Justice Alito filed a dissenting opinion in which Justice Thomas joined as to parts II and III.
Prop 8 wasn't ruled unconstitutional. The Court chose not to make a national ruling on that case, in essence upholding the original decision striking it down.
Still means a victory for equal rights.
So I haven't read everything yet. I am under the assumption that the Court is letting the states decide on how they move forward on the actual issue if marriage, but any marriages will have federal benefits?
By striking down DOMA it paves the way for the federal government legally recognizing same sex marriages. The Prop 8 case was sent back to California with the instructions to dismiss the case. I'm not entirely sure what that means, but it seems like it's setting the precedent that states can still decide whether or not they will allow and/or legally recognize same sex marriage.
From what I've been hearing it means that pretty soon I can marry my Star Wars action figures. All of them.
It's a good start. Shame the court is so divided right now that they weren't able to be the ones to take a stand and rule that it being illegal anywhere is unconstitutional. Clearly, that battle will have to be fought in another arena, and it will, one day. Just a shame that we'll have to keep waiting for it, but hey, baby steps, I guess.
As long as you don't own a Jar Jar Binks figure. Pretty sure that would still count as bestiality, and besides, who the fuck would want to marry Jar Jar Binks?
It's a good start. Shame the court is so divided right now that they weren't able to be the ones to take a stand and rule that it being illegal anywhere is unconstitutional. Clearly, that battle will have to be fought in another arena, and it will, one day. Just a shame that we'll have to keep waiting for it, but hey, baby steps, I guess.
This should be a state by state issue. Forcing it onto people that aren't ready for it will simply make resentment grow. Within the next decade you'll probably have a majority of states that vote for gay marriage anyway. We all see where this is going, just some places will be slower than others.
From what I've been hearing it means that pretty soon I can marry my Star Wars action figures. All of them.