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DOMA and Prop 8 Go Down!

by Thom Hartmann posted Jun 26 2013 3:13PM



The Supreme Court has struck down DOMA, and cleared the way for same-sex marriage to resume in the state of California.  In two landmark decisions today, the Supreme Court ruled in favor of equality.  The Defense of Marriage Act was ruled unconstitutional in a 5 to 4 ruling, as a violation of the equal protection guaranteed under the Fifth Amendment.  

Essentially, the Court ruled that DOMA discriminates against same-sex couples by denying them equal protection under the law.  Justice Anthony Kennedy wrote the majority opinion, which stated, “The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity.”  

In the Proposition 8 case, the Supreme Court turned away the private sponsors of the anti-equality measure, saying they lacked standing to bring the case.  The Justices said that because the state of California refused to fight a federal court ruling that struck down Proposition 8, private sponsors had no right to challenge the lower court's decision.  Chief Justice John Roberts spoke for the majority, and said, “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.”  

As the rulings were announced, equality advocates celebrated outside the Court.  The decisions mark a historic step forward in our nation's recognition of same-sex couples.  There will still be state-by-state battles, but as of today, the federal government may not discriminate against anyone because they marry the person they love.

Listen to The Thom Hartmann Program weekdays 3 PM to 6 PM on WWRL 1600.
Filed Under :
Topics : Law_Crime
Location : California
06/26/2013 3:12PM
DOMA and Prop 8 Go Down!
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06/28/2013 6:20PM
abused gay man
I WANT TO REPORT DOMA RETALIATION BY BERGEN COUNTY NJ AS WELL AS HOMOPHOBIC TOWNSHIP EMPLOYEES OF FAIRVIEW, CLIFFSIDE PARK, WEEHAWKEN, UNION CITY, WEST NEW YORK NJ AS WELL AS PORT AUTHORITY OF NEW YORK AND NJ AND NJ TRANSIT. US POSTAL WORKERS NJ PLATES NDK-69A ETC ALONG WITH NJ PLATES U1-8Q AND VARIOUS OTHERS WHO ARE ALSO RETALIATING FOR GAY PRIDE WEEKEND. VERIZON IS SPONSORING HATE CRIMES TOWARDS GAY MEN AND WOMEN AND DEFENDANTS IN HUDSON COUNTY NJ CASE 07-06-00985-I AND NJ VICTIMS OF CRIME CASE37984 & 57188. NORTH BERGEN NJ AND UNION CITY NJ ARE CYBERSTALKING GAY VICTIMS using the LIGHT RAIL NJ TRANSIT EMPLOYEES IN HOBOKEN NJ AND A PANYNJ EMPLOYEE NJ PLATES JNX-11M
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