SCOTUS Overturns Ban on Same-Sex Marriage

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SCOTUS Overturns Ban on Same-Sex Marriage

The Supreme Court of the United States has ruled that the Defense of Marriage Act, which refused to recognize marriage between same-sex couples, is unconstitutional.

In a 5-4 vote this morning, the U.S. Supreme Court declared that the Defense of Marriage Act, better known as DOMA, is unconstitutional. Signed into law in 1996 by President Bill Clinton, DOMA prevented same-sex couples whose marriage was legally recognized in their home states from receiving federal benefits like Social Security. The Justice Department of the Obama Administration had stopped defending DOMA in 2011 after concluding that it was unconstitutional, leading House Republicans to take up the law's defense.

"The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity," Justice Anthony Kennedy wrote in the majority opinion. "By seeking to displace this protection and treating those persons as living in marriages less respected than others, the federal statute is in violation of the Fifth Amendment."

Justices Kennedy, Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan were in the majority, while dissent came from Chief Justice John Roberts and Justices Antonin Scalia, Samuel Alito and Clarence Thomas.

Striking down DOMA will have a wide-ranging impact, as it affects roughly 1100 federal laws relating to veterans benefits, medical leave and taxes. It's also the strongest signal yet of a growing willingness to recognize and accept equal marriage rights for all people at the highest levels of the legislature and judiciary.

In the same session, the Court ruled 5-4 that the defendants in the case of California's "Proposition 8," which banned same-sex marriage but was later overturned as unconstitutional by the United States District Court, did not have standing in the court and thus dismissed it, effectively bringing same-sex marriage back to the state.

The full text of the Supreme Court's ruling on the Defense of Marriage Act is available in PDF format at supremecourt.gov.

Sources: CBS News, Huffington Post

Permalink

Good job America.

Now you can join the rest of the First World :D

I still can't quite grasp how this is even an issue, do people really have nothing better to do than concern themselves about which gender other people find attractive?

When it come to marriage, sooner or later it always ends-up being the same sex.

Well i think i just scared my co workers lol that what i get for shouting at work. Read this and just exploded with joy.
Holy crap what comes next? this is just huge and by huge I mean I'm almost at a loss for words.

Yeah it was kinda a stupid law..

And no this won't cause every state to automatically support gay marriage. That is a battle still to come!

BUT one of the big guns that stopped gay marriage is now silenced. So states can't point to DOMA anymore.

Daystar Clarion:
Good job America.

Now you can join the rest of the First World :D

I still can't quite grasp how this is even an issue, do people really have nothing better to do than concern themselves about which gender other people find attractive?

Oh this ain't all the dumb shit we get to deal with over here:
http://usnews.nbcnews.com/_news/2013/06/25/19140887-texas-abortion-bill-fails-to-pass-after-epic-filibuster
Sen. Wendy Davis managed to keep up the filibuster up until the session expired. Now Pro-lifers know what it feels like to be "late".

Daystar Clarion:
Good job America.

Now you can join the rest of the First World :D

I still can't quite grasp how this is even an issue, do people really have nothing better to do than concern themselves about which gender other people find attractive?

It's an issue because people in power still have imaginary friends that hate lots of things, same-sex marriage included.

I guess this puts the USA one step closer to civilisation :P

Exdellent news. Hopefully this is just the start of all of this silliness being put to an end.

Capcha: be mine
No thanks, capcha, but I appreciate the sentiment given the news.

Just felt a bit of pride in my country; a rare treat these days

Daystar Clarion:
I still can't quite grasp how this is even an issue, do people really have nothing better to do than concern themselves about which gender other people find attractive?

It's not so much who finds whom attractive, more those people desiring to enter into a legally-recognised, loving, faithful, monogamous, long-term relationship and/or what they then do behind closed doors in the privacy of their own homes. I mean, isn't anyone thinking of the children these days?!

OT: Fantastic news!

Unfortunately, they also gutted the Voter Rights Act, so states can be racist with far less difficulty.

Captcha: face the music
There will always be bigotry in the US.

Oh yay. I'm always glad to see things like this. Another step forward.

This is a great move indeed by SCOTUS, all we need is the remaining states in the US to allow gay marriage.

DVS BSTrD:

Daystar Clarion:
Good job America.

Now you can join the rest of the First World :D

I still can't quite grasp how this is even an issue, do people really have nothing better to do than concern themselves about which gender other people find attractive?

Oh this ain't all the dumb shit we get to deal with over here:
http://usnews.nbcnews.com/_news/2013/06/25/19140887-texas-abortion-bill-fails-to-pass-after-epic-filibuster
Sen. Wendy Davis managed to keep up the filibuster up until the session expired. Now Pro-lifers know what it feels like to be "late".

I honestly hate the fact that "talking too long about absolutely nothing" is a viable tactic of our government.

I still hate the bill that was trying to be passed, but the only reason it failed wasn't by popular vote, she simply talked until it was too late for a vast majority of politicians to vote.

I would of rather it get voted down due to opinion, not forcing people to be unable to vote.

Daystar Clarion:
Good job America.

Now you can join the rest of the First World :D

Er, while the US's stance on gay marriage has been rather deplorable, that's not to say the rest of the First World has always been much better.

WOOOOOO YEAH!
Go Team Gay!

Daystar Clarion:
Good job America.

Now you can join the rest of the First World :D

I still can't quite grasp how this is even an issue, do people really have nothing better to do than concern themselves about which gender other people find attractive?

I believe its largely a religous issue, seeing as much of the US is large Christian, and despite something along the lines of "Seperation of Church and State" being uttered at some point, the church still has quite a bit of sway with the state.

Excellent. The irony is that the people who support a ban on same-sex marriage always talk about freedom and how government intrusion into peoples lives is a bad thing.

The four justices that dissented should be impeached for not understanding the definition of "equal protection under the law."

[quote="Daystar Clarion" post="7.820039.19782914"
I still can't quite grasp how this is even an issue, do people really have nothing better to do than concern themselves about which gender other people find attractive?[/quote]
It's because something like 70% of the US population is Christian with old beliefs. This wiki article has a breakdown from 2007/8, take that as you will. http://en.wikipedia.org/wiki/Demographics_of_the_United_States.

Daystar Clarion:
Good job America.

Now you can join the rest of the First World :D

I still can't quite grasp how this is even an issue, do people really have nothing better to do than concern themselves about which gender other people find attractive?

This is a bit inaccurate. There are plenty of other first world countries that still deny it or it's still debated in. The richest member of the EU (Germany) is an example of this. Don't get me wrong, I'm so fuckin' glad America finally did something about this. Realistically, it should have never been denied or allowed according to the law because it's a personal matter that does not involve the government, but I also recognize that there is more than just religious nuts that are against this. Now maybe the country can get back to fixing things that affect everyone, not just a minority of the population. But any human rights violation that is squashed is a win for everyone.

Daystar Clarion:

I still can't quite grasp how this is even an issue, do people really have nothing better to do than concern themselves about which gender other people find attractive?

I've wondered this for years, and come to the conclusion that the answer mostly boils down to 'Ew, bottoms'

High time. It's still going to take about a thousand steps for homosexual marriage to be recognized on a state-by-state basis, but at least it's possible now.

This is great news.

Well done America, although it is still worrying that it turned out to be that close. But a positive step nonetheless :D

DVS BSTrD:

Daystar Clarion:
Good job America.

Now you can join the rest of the First World :D

I still can't quite grasp how this is even an issue, do people really have nothing better to do than concern themselves about which gender other people find attractive?

Oh this ain't all the dumb shit we get to deal with over here:
http://usnews.nbcnews.com/_news/2013/06/25/19140887-texas-abortion-bill-fails-to-pass-after-epic-filibuster
Sen. Wendy Davis managed to keep up the filibuster up until the session expired. Now Pro-lifers know what it feels like to be "late".

Eleven. Freaking. Hours.

I'm a crazy pro-lifer, but that right there is damned impressive. Hats off to you, Ms. Davis... now don't do that ever again. Seriously, wtf...

OT: Yay, I guess!

Conservative Americans should just accept that America is no longer a country under God. Thus, there's no point in trying to enforce religious beliefs in the justice system, particularly on sticky points like this. Focus on churches, not countries. Etc etc.

I know I'm probably a bit late to the party on this, but:

"Signed into law in 1996 by President Bill Clinton, DOMA prevented same-sex couples whose marriage was legally recognized in their home states from receiving federal benefits like Social Security."

So legally binding marriages - not "civil unions" but actual marriages - were not allowed to receive benefits on the sole basis that the relationship is homosexual.

IT TOOK THEM 17 YEARS TO FIGURE OUT THIS MIGHT BE DISCRIMINATION?!

Daystar Clarion:
Good job America.

Now you can join the rest of the First World :D

I still can't quite grasp how this is even an issue, do people really have nothing better to do than concern themselves about which gender other people find attractive?

Meh, the UK isn't that much better.

We still don't have it in law yet either, although it shouldn't be too long now. From what I have read and heard it's not even complete equality. That is to say, it will not identical with the exception of the genders involved, there will still be certain advantages retained by heterosexual marriages. Although the internet is very helpful for finding cat pictures, finding relevant information about this is somewhat trickier.

About time this was dealt with...about bloody time.

Now I'm neutral on the whole gay vs straight thing. In so far as I don't agree with it but it doesn't hurt or inconvenience me in anyway so I just let it slide. I mean what business is it of mine what two consenting adults do in their bedrooms, or their kitchens, or their cars, or a trucker rest stop. Not my business.

That said, denying marriage rights based on such a thing has never made sense to me. Marriage is equal parts religious and legal. Mostly legal though. So it in effect bars consenting adults from entering into legal contract with each other. Oh sure there's the religious side but hey, religions are just fractured mythologies with morality tales sprinkled in. You can pick one you like or make one up.

Point isit was wrong from both aspects. I may not agree with them but I agreed with DOMA significantly less.

OT; Good job american justice system.

COMPLETELY off topic tangent; It's something i just noticed looking at the news for this. Does anyone else think SCOTUS looks weird? and saying it out loud, it kinda sound like its a dirty word. Maybe its just to close to scrotum? dunno. i think the abbreviation should be USSC. just me i guess.

With gay marriage now legal, men no longer have an incentive to marry women, as two husbands better fit in a horse costume.

As already said above, this happened the day after they gutted the Voting Rights Act. I really wish I could be as overjoyed as my friends and family and George Takei, but what happened yesterday is taking all the wind out of this sail.

Zombie_Moogle:
Just felt a bit of pride in my country; a rare treat these days

Agreed. On that note,

Take that Clinton! You saxophone-playing bastard! DOMA is no more!

Umm as good as this is...why is this on a VIDEO GAME WEBSITE? I mean I get there is a politics/religion forum but that doesn't really mean you can post jack all in the news section. I mean I know news has just become posting what some other person has posted but really there is a reason people go to different websites that have a focus on a subject.

It would be like going to a bakery website and see in their news this article.

an annoyed writer:

Zombie_Moogle:
Just felt a bit of pride in my country; a rare treat these days

Agreed. On that note,

Take that Clinton! You saxophone-playing bastard! DOMA is no more!

That does seem to be a popular video clip to post on the Escapist

Is it appropriate in this instance?

good; anything that pisses off homophobes is a win as far as I'm concerned

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