Tag Archives: DOMA

“DOMA is unconstitutional as a deprivation of the equal liberty of persons”

The Supreme Court of the United States has truck down the so-called “Defense of Marriage Act” as unconstitutional. It was a 5-4 decision. A ruling on California Prop 8 is expected soon.

From NPR:

Section 3 of the law defines marriage as “a legal union between one man and one woman as husband and wife” and a spouse as “a person of the opposite sex who is a husband or a wife.” That provision had been struck down by eight lower courts before the Supreme Court’s 5-4 ruling in United States v. Windsor.

This decision means that legally married same-sex couples are now entitled to the same federal benefits as married opposite sex couples.

Justice Kennedy wrote the majority opinion. Roberts, Scalia, Thomas and Alito dissented.

Reminder: Who is on the Supreme Court matters.

Reminder: Who is in the White House matters to who is on the Supreme Court.

Reminder: Which party controls the Senate matters to the ability of whomever is in the White House to determine who is on the Supreme Court.

Reminder: The Senate has boneheaded rules so the above reminder isn’t just about a majority, but about a “supermajority” of 60/100.

Reminder: The Republicans want to restrict marriage, what you do in your bedroom, and reproductive rights of women. The Democrats don’t.

Reminder: Party politics is important, ignore that at your peril.

California DOMA Ruling

I had missed this, thanks to commenter Random Factor for pointing it out:

A federal judge on Wednesday declared the 1996 Defense of Marriage Act unconstitutional and ordered the federal government to extend health benefits to the same-sex spouse of a San Francisco lawyer employed by the federal courts.

U.S. District Judge Jeffrey S. White said the refusal of the Office of Personnel Management to enroll 9th Circuit attorney Karen Golinski’s spouse in the federal agency’s benefits program violated her constitutional right to equal protection under the law.

source

The Justice Department sat this one out, but House Republicans did get involved.