The wonderful winds of change continue to blow this morning as the Supreme Court hands down two decisions that protect the rights of same-sex couples.
The first decision handed down by the court was in the case of The United States v. Windsor, which The ACLU brought on behalf of Edie Windsor. In a 5-4 Decision, the court struck down the infamous Defense of Marriage Act (DOMA). Justice Kennedy wrote the opinion for the majority saying that “DOMA instructs all federal officials, and indeed all persons with whom same-sex couples interact, including their own children, that their marriage is less worthy than the marriages of others.” Kennedy is joined by Justices Ginsburg, Breyer, Sotomayor, and Kagan. This decision ensures equal protection to all same sex couples who are legally married in their states. Under DOMA, the federal government treated same-sex married couples differently by refusing to recognize their marriages. There are more than 1100 places in federal laws and programs where being married affords people certain rights and privileges. Under DOMA same-sex couples who were legally married were denied these protections. In this case, after the death of her wife, Windsor was forced to pay $363,053 in estate taxes, which she would not have had to pay if she was married to a man, because she was denied the the estate tax exemption for surviving spouses. With this decision, same-sex couples will receive the same protections under the law as any other married couple. Dissenting, Justice Scalia claimed that in this decision, the court was overstepping its jurisdiction and represented “an exalted notion of the role of this court in American democratic society.” Scalia is joined by Chief Justice Roberts and Justices Thomas and Alito.
In the next case of Hollingsworth v. Perry, the court was tasked with ruling on legality of California’s Proposition 8, which barred same-sex marriage in that state. A lower court had overturned Prop 8 and its proponents appealed that ruling to the Supreme Court. In a 5-4 decision, The Court sidestepped a decision on the merits of the case, instead determining the petitioners did not have proper standing to bring the case. With this decision, the court decided that it did not have proper jurisdiction to rule on the case, meaning Prop 8 will not be law in California and same-sex marriage remains legal in that state! Chief Justice John Roberts wrote the opinion and was joined by Scalia, Ginsburg, Breyer, and Kagan.
These are both incredibly important decisions for the protection of the rights of all people! There is still a long way to go, but these are imperative steps in the right direction. All are invited to join the ACLU of Maine and friends today at 5:00 PM on the steps of Portland City Hall to celebrate to overturning of DOMA and the Federal Government's long overdue recognition of ALL married couples! I will see you there. Wear red!
June 26, 2013 - 12:34pm
