Supreme Court Strikes Down The Defense Of Marriage Act & Doesn't Rule On California's Prop 8

The Supreme Court ruled yesterday against the Defense of Marriage Act of 1996, and said they did not have the jurisdiction to hear California's Prop 8 case, which means it'll fall to the federal disctrict court's ruling to strike it down, reports the Wall Street Journal. 

The two rulings are seen as a watershed moment in gay rights for America. 

A divided Supreme Court ruled 5-4 against DOMA, announced Justice Anthony Kennedy in the Defense of Marriage Act (DOMA) case. He was joined by the four liberal members of the bench, Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan.

Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas and Samuel Alito dissented. 

The court's majority wrote that the Defense of Marriage Act "violates basic due process and equal protection principles applicable to the Federal Government."

Justice Kennedy continued with "The federal statue is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure whom the, by its marriage laws, sought to protect in personhood and dignity."

Justice Scalia read some parts of his dissent and said the court shouldn't have ruled on DOMA at all. 

"By formally declaring anyone opposed to same-sex marriage an enemy of human decency, the majority arms well every challenger to a state law restricting marriage to its traditional definition," he wrote. 

The Supreme Court ruling on Proposition 8 was 5-4, with Chief Justice Roberts writing the majority opinion. Chief Justice Roberts said Proposition 8 supporters didn't have legal standing to challenge the law.

Said Chief Justice Roberts, "We have never before upheld the standing of a private party to defend the constitutionality of a state statute when state officials have chosen not to. We decline to do so for the first time here."

Chief Justice Roberts was alluding to the state of California's decision not to defend Proposition 8 in court.

For the first time in history, the Supreme Court said the federal government couldn't discriminate against same-sex couples if their marriage is recognized by the state. 

In the California Prop 8 ruling, it declined to reverse the district court ruling recognizing a right to gay marriage. 

Say a Huzzah for the homosexuals of America who will finally be treated like the rest of Americans. 

Show comments
Tags
world news

Featured