I think it is important to differentiate between what the rulings did and did not do as it pertains to DOMA and Prop 8. The Supreme Court did NOT establish gay marriage to be a Constitutional right protected under the Equal Protection Clause of the 14th Amendment. This would have been the most sweeping possible ruling, essentially establishing same-sex marriage across the entire country. However, the court ruling DID establish that the federal government cannot prohibit the recognition of lawfully married same-sex couples in states where gay marriage is allowed. Legally married gay couples will now have access to over 1,000 federal benefits, be able to file joint tax returns, and enjoy all the privileges heterosexual couples enjoy. However, this only applies to same-sex marriages from states like New York, where gay marriage is legal. The Court ruling on California's Proposition 8 case was actually a dismissal on the grounds that the supporters of the gay marriage ban, aka Prop 8, did not have the standing, or right, to appeal the lower court's ruling. The dismissal of Hollingsworth v. Perry means the ruling from a lower court stands and gay marriage is officially legal in California again. So lets' dig into each case a little further to gain a more comprehensive understanding.
The case of United States v. Windsor was a challenge to the 1996 Defense of Marriage Act (DOMA) which was passed by Congress and signed into law by President Clinton. The law prohibits the federal government from recognizing same-sex marriages, even in the 12 states and District of Columbia that allow them. The case involves 83 year old Edith Windsor who brought suit after she was forced to pay $363,000 in estate taxes following the death of her same-sex spouse. Although the two were legally married in Canada, Mrs. Windsor was required to pay the estate taxes in full, as the federal government did not recognize same-sex marriages under DOMA. In a 5-4 ruling, the Supreme Court struck down the Defense of Marriage Act as unconstitutional. Justice Kennedy writing for the majority explained:
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 StatesKennedy and the majority held that the individual states must be allowed by the federal government to grant "dignity" on same-sex couples if they choose to legalize them. One of the most powerful lines from the opinion was penned by Justice Kennedy as he claims "DOMA’s principal effect is to identify a subset of state-sanctioned marriages and make them unequal" seeming to strike at the heart of the anti-gay supporters of DOMA. By ruling DOMA as identifying a subset of marriages and making them unequal, the Court held the law a clear violation of the 5th Amendment of the Constitution.
Hollingsworth v. Perry
The case of Hollingsworth v. Perry confronts the constitutionality of Proposition 8, the California referendum passed by the state's voters in 2008 that banned same-sex marriage in the state. Prop 8 was a ballot initiative with major backing from churches and religious organizations as a response to the California Supreme Court legalizing gay marriage. The Supreme Court held 5-4 that the supporters for the ban did not have the standing, or legal right, to appeal the lower court ruling. By not issuing a ruling on the constitutionality of Prop 8, the lower court rulings which overturned the ban will stand and gay marriage can once again resume in California.
These rulings by the Supreme Court have significantly altered the landscape of same-sex marriage across the United States, and extended equal rights to hundreds of thousands of legally married gay couples. The Court saved the fireworks for the final day of their current term. Below is an updated map of gay marriage in the U.S.
Laws regarding same-sex partnerships in the United States
Same-sex marriages granted＊
Unions granting rights similar to marriage>
Legislation granting limited/enumerated rights
No specific prohibition or recognition of same-sex marriages or unions
State statute bans same-sex marriage
State constitution bans same-sex marriage
State constitution bans same-sex marriage and some or all other kinds of same-sex unions
This map reflects the current state for same-sex marriage across the United States. While the ruling today established over 50% of the U.S. population resides in states where same-sex marriage is legal, 34 states still have an a Constitutional ban on same-sex marriage.
this was really informative and easy to follow thanks! its amazing how many people are against gay marriage, i just don't get why.
ReplyDeleteThis map graphic was really helpful... I didn't realize that New Mexico neither prohibits nor recognizes same-sex marriages/unions. I wonder how much longer it will stay that way, before the state will go one way or another?
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