(RNN) –The U.S. Supreme Court in a 5-4 vote has struck down the Defense of Marriage Act.
“DOMA singles out a class of persons deemed by a State entitled to recognition and protection to enhance their own liberty,” the decision reads.
The court also declined to rule on Proposition 8 – a California law banning same sex marriages – and sent it back to the Ninth Circuit appellate court with instructions for dismissal, effectively making the law invalid.
The justices cited their lack of jurisdiction in their decision as well as lack of legal standing for the proponents of Proposition 8.
“These loving couples and couples like them throughout California now will be able to get married,” said David Boeis, who argued against Prop. 8.
The court did not rule on the issue of gay marriage, just the law that affects California.
“I think this a rejection of the voters of California,” said Tony Perkins of the conservative organization Family Research Council. “They’ve completely ignored them.”
Justice Anthony Kennedy wrote the court’s opinion on the DOMA decision. The opinion applies to those already married in states that have laws allowing same-sex unions.
“The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and injure those whom the State, by its marriage laws, sought to protect in personhood and dignity. By seeking to displace this protection and treating those persons as living in marriages less respected than others.”
Dissenting justices are Chief Justice John Roberts, Antontin Scalia, Clarence Thomas and Samuel Alito. Scalia read his lengthy dissent to the court.
Roberts delivered the court’s opinion on Prop. 8. The Supreme Court reached its decision because the people with a legal right to defend the law – state lawmakers – declined to do so in court.
“Federal courts have authority under the Constitution to answer such questions only if necessary to do so in the course of deciding an actual ‘case’ or ‘controversy,'” the opinion read. “As used in the Constitution, those words do not include every sort of dispute, but only those ‘historically viewed as capable of resolution through the judicial process.’ This is an essential limit on our power. It ensures that we act as judges, and do not engage in policymaking properly left to elected representatives.”
Signed in 1996 by President Bill Clinton, DOMA says “the word ‘marriage’ means only a legal union between one man and one woman as husband and wife,” and the term “‘spouse’ refers only to a person of the opposite sex.”
President Clinton now speaks in favor of same sex marriages and champions DOMA’s repeal.
“As the president who signed the act into law, I have come to believe that DOMA is contrary to those principles and, in fact, incompatible with our Constitution,” Clinton said earlier this year.
Hundreds of people on both sides of the gay marriage debate began assembling outside the Supreme Court Building on Wednesday morning to voice their opposition or support for the current laws.
A Pew Research poll conducted in May shows that 51 percent of Americans support gay marriage and that opponents saw the legalization of same-sex marriage as inevitable.
The arguments and subsequent decisions are based on two high-profile cases – Hollingsworth v. Perry, which argues Proposition 8 violates the Equal Protection clause of the Fourteenth Amendment; and United States v. Windsor, which takes to task the term “marriage” in DOMA.
Hearings on the arguments for the two cases originally took place March 26 and 27.
There are 12 states where gay marriage is or will soon become legal: New York, New Hampshire, Massachusetts, Vermont, Maine, Rhode Island, Connecticut, Maryland, Delaware, Iowa, Washington and Minnesota, as well as Washington, DC.
All of these states vary in how spousal support or broad domestic partnership rules apply despite their state’s legislation, i.e., equal protection laws.
The case of United States v. Windsor argues for equal protection of rights for couples legally married in states that recognize same-sex marriages. The case seeks to protect those couples if after marriage they reside in a state that “deprives same-sex couples who are lawfully married under the laws of their states (such as New York) of the equal protection of law, as guaranteed by the Fifth Amendment.”
The state of California – along with Colorado, Illinois, Hawaii and New Jersey – allows legal civil unions. These states are some of the earliest in the U.S. to have such arrangements for same-sex couples.
California’s Proposition 8, voted into law in November 2008, enforces the same principle on the state level – banning marriage for same-sex couples. The decision was made in the voting booth, and since its inception it has been challenged.
The rest of the United States’ laws on gay marriage vary from either a county-to-county basis to statewide bans, with many states having longstanding bans and referendums on the books since the early to mid-1990s.
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