Supreme Court strikes down key part of DOMA, dismisses Prop. 8 case

0

The gay rights movement saw a significant victory at the Supreme Court Monday, even as the court dodged the fundamental issue of whether marriage is a constitutionally-protected right for all couples, gay or straight.


In a 5-4 ruling in United States v. Windsor, the court struck down a provision of the 17-year-old Defense of Marriage Act (DOMA) that denies federal benefits — like Social Security benefits or the ability to file joint tax returns — to same-sex couples legally married.

"DOMA is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment," Justice Anthony Kennedy wrote for the majority. Kennedy was joined by Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan.

At the same time, the court ruled 5-4 that the defendants in the case ofHollingsworth v. Perry, which considered the constitutionality of California's same-sex marriage ban (called Proposition 8), have no standing in court. Supporters of Prop. 8 brought the case to the Supreme Court after a lower court struck down the law but California's governor and attorney general declined to defend it. By dismissing the case on procedural grounds, the court passed up the opportunity to issue a significant ruling on the issue of marriage.

Written By: Stephanie Condon
continue to source article at cbsnews.com

NO COMMENTS

  1. Imagine being a Christian on the supreme court determined to put gays in their place. What possible legal argument could you use to justify your decision? The arguments are essentially:

    1. Jehovah allegedly disapproves.
    2. Christians have always done things that way.

    Those arguments prevail in Christian society, but surely not in the supreme court.

    • In reply to #2 by Roedy:

      Imagine being a Christian on the supreme court determined to put gays in their place. What possible legal argument could you use to justify your decision? The arguments are essentially:

      Jehovah allegedly disapproves.
      Christians have always done things that way.

      Those arguments prevail in Christ…

      Technically you’re three quarters right. All Xtians would assent to the first proposition, but strictly, protestants should discount the second proposition, as they regard the bible as the sole source of Xtian doctrine and morals. In fact tradition is almost as important to them as it is to the Catholics, it’ just that their traditions are less old and sacerdotal.

Leave a Reply