SCOTUS DECLARES DOMA UNCONSTITUTIONAL, PROP 8 LAWSUIT OPPOSING GAY MARRIAGE W/OUT STANDING

[elrhiarhodan]

I'm kind of shaking here...I really thought this day would never happen. After the first decision came down, I was really prepared for a split call.

1 - DOMA - the reviled Defense of Marriage Act that denies legally married same-sex couples the right to receive Federal employment benefits, has been struck down:

"DOMA’s principal effect is to identify and make unequal a subset of state-sanctioned marriages. By seeking to displace this protection and treating those persons as living in marriages less respected than others, the federal statute is in violation of the Fifth Amendment." — JUSTICE ANTHONY M. KENNEDY

2 - The lawsuit brought by the opponants of same-sex marriage to enforce Proposition 8 as been found to be without standing. California can resume its legal obligation to perform same-sex marriages.

In the California case, the court ruled that opponents of same-sex marriage did not have standing to appeal a a lower-court ruling that overturned California’s ban. The Supreme Court’s ruling appears to remove legal obstacles to same-sex couples marrying in the state, but the court did not issue a broad ruling likely to affect other states.

Comments

[ell]

I can't believe it either! Now I'm in the category of expat with a choice rather than exile!

[elrhiarhodan]

I was thinking of you when I read the decision!

[coffeethyme4me.livejournal.com]

I saw a great cartoon the other day that showed marriage equality as a chicken hatching from an egg with one foot, a wing, and its head out. A group of people in opposition were standing around saying, "I think we can get it back inside." That's precisely what this is like and always has been, imo. You can't stop it. It could never have been stopped. It's only going to get better.

Huge reasons to celebrate today! Tears of joy right now.

<3

[elrhiarhodan]

{{{{{{{{{{{{{{{{{{{{{{YOU}}}}}}}}}}}}}}}}}}}}

Today we live in a brighter, better world.

[aragarna.livejournal.com]

that's great news ! \o/

[elrhiarhodan]

I KNOW!!!!!!!!!!!

So thrilled. Still shaking!

[angelita26]

My brother texted me the news this morning, and I promptly cried and posted the news on my FB page simultaneously.

I have so many friends in California that were married while they could or want to get married, and that need and should have the federal benefits that come with marriage.

Today is a great day!

[elrhiarhodan]

Yes, today is a day that earns the tag "America, I can still love you."

[ladygray99]

Thank you lawyer friend of mine for explaining what the prop 8 ruling meant. It's irritating that things will still need to be fought on a state to state basis but I've had so little faith in SCOTUS these days I'll take what I can get.

[elrhiarhodan]

Unexpectedly, it's going to be the DOMA decision that carries more weight going forward. It's precedent now that a law that explicitly denies equal protection to same-sex couples violates the Constitution. This will open up litigation to overturn marriage=man/woman only laws all over the country.

[ladygray99]

I figured it would be more of a state rights the federal government is not allowed to ignore individual state policies and laws. Of course everything I know about constitutional law comes from watching West Wing. I probably know more about Treaty of Waitang law by this point.

[winterstar95.livejournal.com]

Every once in a while, America does a great thing. This is the first great step toward liberty and justice for all.

[elrhiarhodan]

Your sons now live in a better country.

[winterstar95.livejournal.com]

Yes, when Obama was elected, I cried. When Maryland voted yes to gay marriage, I cried. I cried again today because my boys are growing up in a place where equality means something!!

Oh and the bunnies are boys!!

[teaboyfan.livejournal.com]

This has been a great day for two reasons: the SCOTUS decisions and the failure of the Texas abortion law. People who oppose abortion have every right to their opinion, and the right to make decisions based on it, but they don't have the right to make other people abide by it. You choose for yourself; you don't choose for me.

[winterstar95.livejournal.com]

:) YES!

Please write the wedding now (wonderful years vers)

[(Anonymous)]

I just loved the Wonderful years vers you have written. You have allowed us to watch their engagement, now in honor of the death of DOMA please invite us to the wedding. I just know it will be full of angst and maybe some heart ache with the understanding that some who should be in attendance have since passed, but beautiful in the end.

Re: Please write the wedding now (wonderful years vers)

[elrhiarhodan]

Thank you for your enthusiasm. It is definitely a story that will be written.

[damietta.livejournal.com]

As angry as I was over the voter's rights debacle, this made my heart happy. What a day@

[maiac.livejournal.com]

It was SUCH A RELIEF to wake up from sleeping off the surgery (which went well) to this news! After the bad Voting Rights decision, I was afraid the Court wouldn't care about being on the wrong side of history.

Prop Hate ruling didn't go farther than I expected, but it was enough. "You have no standing." Take that, haters!

[joy2190.livejournal.com]

My daughter and I were cheering as we heard the news on the car radio. Welcome to the 21st century America, better late than never!

[calis-1st.livejournal.com]

I'm proud to be an American again. Both rulings went as I expected, although part of me wonders why they didn't toss Prop 8 back months ago. And, thanks to the DOMA ruling, my state (NJ) has no excuse now but to get off its civil union ass and overturn the governor's veto of the gay marriage bill passed by our legislature a few months back.

Ever forward.