DOMA, Prop 8 Dead 6/26/13


The Supreme Court today ruled the Federal Defense of Marriage act unconstitutional.  Every legally performed marriage is now recognized by the Federal government as valid.  Marriage is a state-regulated arrangement, and the Federal government cannot discriminate and approve some while disavowing others.  States must honor the legal marriages of other states, even if those marriages would not be permitted in their state.  Same-gender couples can now travel anywhere in the United States, and be assured their marriages will have the force of law.

(Late edit:  If what I’m seeing in reports is correct,  the Court left intact a section of DOMA that allows states not to recognize same-gender marriages performed in other states.  This could complicate recognition of marriages for couples in some jurisdictions.  We’ll have to see how this part plays out.)

Proposition 8 is unconstitutional, as ruled by Judge Walker.  The Supreme Court rules the proponents had no standing to appeal.  The 9th Circuit Court of Appeals should not have heard the case, and that court’s rulings are invalid.  The case returns to the Federal District Court for San Francisco, where it’s ruling of unconstitutionality stands.  Voters cannot take a constitutional right away from one group, while granting it to another.

Both results were inevitable.  While I would have liked to see the SCOTUS bring marriage equality to the entire country, the cases that came before them did not permit that outcome.  The marriage equality movement will continue, and work will continue in states that have bans in place to remove them.

Please excuse the LGBT community, and it’s many allies, while we throw a rather loud and rambunctious celebration.

Marriage planners, caterers, wedding halls, florists, dress makers, tux rental shops, limousine drivers, and everyone else associated with providing services to people getting married should get ready for a surge in business.

On a personal note, to several un-named (but you know who you are) folks who have ranted rather vociferously about the subject since 2008 – “I TOLD YOU SO!”  (sorry, couldn’t resist.  It’s been too long coming!)


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