I'm not qualified to comment in
depth about the recent Supreme Court rulings affecting Marriage
Equality, but the news is certainly positive, even if the opinions could
have been broader in scope. By overturning the Defense of Marriage Act
(DOMA), the Court granted federal recognition of same-sex marriages in
states where same-sex marriage is legal, currently around twelve
states. All married couples, both same and opposite sex, in these states are now granted equal access to federal programs and benefits. The Court ruled that DOMA violated the Fifth Amendment's equal
protection provision.
By declining to rule on the constitutionality of California’s Proposition 8, the Court let stand a lower court ruling overturning Proposition 8, thus legalizing (once again) same-sex marriage in California. Interestingly, Prop 8 was not defended by the state of California, but rather by proponents of Prop 8. The Court determined that these proponents were not harmed, thus they lacked standing and the case was dismissed.
By declining to rule on the constitutionality of California’s Proposition 8, the Court let stand a lower court ruling overturning Proposition 8, thus legalizing (once again) same-sex marriage in California. Interestingly, Prop 8 was not defended by the state of California, but rather by proponents of Prop 8. The Court determined that these proponents were not harmed, thus they lacked standing and the case was dismissed.
While
the Court rulings continue to allow states to decide the legality of
same-sex marriage (for now), the rulings are, nonetheless, far reaching. Popular opinion now favors Marriage Equality, which has
undoubtedly influenced the Court. I believe it is inevitable that
same-sex marriage will eventually be legal in all states, if for no
other reason than it is the right thing to do. Religious and social
bias will not go away easily, but right usually wins in the end. And sooner is better than later.
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