Wednesday, June 26, 2013

Marriage equality at the federal level

I've got a full schedule this afternoon and evening, so I'll note what I can before I have to get lunch.

In case you've had no access to news in the last few hours…

The Defense of Marriage Act, part 3 (which prohibits the federal gov't from recognizing same-sex marriages) is overturned by a 5-4 decision. You can read a sufficient summary (or find a link to the full ruling) here. It includes Scalia's dissent on the grounds that the case shouldn't have come before the court (a tangled case), that the Court shouldn't trouble itself with moral issues, and, by golly, the law was not created because of hatred for gay people, nosiree! The anti-gay crowd will be quoting Scalia quite a bit now.

Edith Windsor, the plaintiff, is delighted!

So is the president! He may have a big task ahead sorting through gov't regulations to find those that specify they are based on where the couple resides, rather than where the wedding took place.

In California's gay marriage ban the Supremes' punted. They declared that since the state didn't protest the District Court decision no one else can. Therefore it is improper for the Supremes to rule on the case. In addition it was improper for the 9th Circuit Court to have taken the case. Thus the District Court ruling stands. It said that California's ban on gay marriage is unconstitutional. That means Calif. gets gay marriage but the status in all other states is unchanged.

This ruling was 5-4 and had a strange coalition: Roberts, Scalia, Kagan, Ginsberg, and Breyer.

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