maxdamron
December 8th, 2012, 22:41
On Friday, the U.S. Supreme Court decided to take up two pending cases that deal with gay marriage. The first is the constitutionality of DOMA (The Defense of Marriage Act). This federal law was passed in the 90's and barred married gay couples from over 100 partner benefits that straight couples are entitled to, including survivor benefits and inheritances. It also prevents couples who happen to work for the government from having partners on health plans. This law has been ruled unconstitutional by several Federal Courts of Appeals and now will be ruled on by the Supreme Court. For the first time in memory, the Justice Department will not defend a law before the court. That is because the Obama administration has decided that it is indefensible and refuses to enforce it. This one should be a slam dunk, if for no other reason than it is a federal intrusion into the realm of states rights.
The second case they agreed to take was the California Prop 8 case. Again, a Federal Appeals Court ruled against the bigoted constitutional amendment in California banning same sex marriages. The amendment was passed in a statewide referendum. This one would or could set a precedent making all state constitutions that have similar bans illegal. While that doesn't mean there will be a rush for states to legalize same sex marriages, it would end states from banning them. This would be a major victory for the gay community nationally. However, this one is far less certain as to what the outcome will be. There is even a way for the court to toss out the appeal which would limit the ruling to only California. Since the Governor and Attorney General of California refuse to defend the suit, the court could rule that the groups bringing the law suit against the lower court ruling have no standing. That would throw the case out without ruling on the broader issue.
The court has set hearings on both cases for March of 2013 and the rulings could be expected later next year in June. Those who support equal rights for all need to keep close tabs on how this moves forward. These are the Roe v Wade and the Brown v Board of Education, Topeka of our generation.
The second case they agreed to take was the California Prop 8 case. Again, a Federal Appeals Court ruled against the bigoted constitutional amendment in California banning same sex marriages. The amendment was passed in a statewide referendum. This one would or could set a precedent making all state constitutions that have similar bans illegal. While that doesn't mean there will be a rush for states to legalize same sex marriages, it would end states from banning them. This would be a major victory for the gay community nationally. However, this one is far less certain as to what the outcome will be. There is even a way for the court to toss out the appeal which would limit the ruling to only California. Since the Governor and Attorney General of California refuse to defend the suit, the court could rule that the groups bringing the law suit against the lower court ruling have no standing. That would throw the case out without ruling on the broader issue.
The court has set hearings on both cases for March of 2013 and the rulings could be expected later next year in June. Those who support equal rights for all need to keep close tabs on how this moves forward. These are the Roe v Wade and the Brown v Board of Education, Topeka of our generation.