Wednesday 26 June 2013

Supreme Court strikes down DOMA; rules it interferes with states, ‘dignity’ of same-sex marriages

tAmerican University students Sharon Burk, left, and Molly Wagner, embrace outside the Supreme Court in Washington, Wednesday, June 26, 2013, after the court cleared the way for same-sex marriage in California by holding that defenders of California's gay marriage ban did not have the right to appeal lower court rulings striking down the ban. (AP Photo/Charles Dharapak)
The Supreme Court released two major decisions expanding gay rights across the country Wednesday as hordes of cheering demonstrators greeted the news outside. The justices struck down a federal law barring the recognition of same-sex marriage in a split decision, ruling that the law violates the rights of gays and lesbians and intrudes into states' rights to define and regulate marriage. The court also dismissed a case involving California's gay marriage ban, ruling that supporters of the ban did not have the legal standing, or right, to appeal a lower court's decision striking down Proposition 8.

The decision clears the way for gay marriage to again be legal in the nation's most populous state, even though the justices did not address the broader legal argument that gay people have a fundamental right to marriage.

The twin decisions throw the fight over gay marriage back to the states, since the court ruled the federal government must recognize the unions if states sanction them, but did not curtail states' rights to ban gay marriage if they choose.

Justice Anthony Kennedy, the court's conservative-leaning swing vote with a legal history of supporting gay rights, joined his liberal colleagues in the DOMA decision, which will dramatically expand the rights of married gay couples in the country to access more than 1,000 federal benefits and responsibilities of marriage previously denied them.

"The avowed purpose and practical effect of the law here in question are to impose a disadvantage, a separate status, and so a stigma upon all who enter into same-sex marriages made lawful by the unquestioned authority of the States," Kennedy wrote of DOMA. He concluded that states must be allowed by the federal government to confer "dignity" on same-sex couples if they choose to legalize gay marriage. DOMA "undermines" same-sex marriages in visible ways and "tells those couples, and all the world, that their otherwise valid marriages are unworthy of federal recognition."



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