Supreme Court gives two big victories for gay rights
*The Supreme Court issues two key rulings affecting same-sex marriage in the U.S.
*Part of the Defense of Marriage Act (DOMA) was struck down
*The justices also cleared the way for same-sex marriages to resume in California after rejecting an appeal on the state's Proposition 8
Washington (CNN) -- In a dramatic slap at federal authority, a divided Supreme Court has struck down a key part of congressional law that denies to legally married same-sex couples the same benefits provided to heterosexual spouses.
The Defense of Marriage Act defines marriage as only between a man and a woman.
The vote Wednesday was 5-4.
"Although Congress has great authority to design laws to fit its own conception of sound national policy, it cannot deny the liberty protected by the Due Process Clause of the Fifth Amendment," said Justice Anthony Kennedy.
Read the ruling
The case examined whether the federal government can deny tax, health and pension benefits to same-sex couples in states where they can legally marry. At issue was whether DOMA violates equal protection guarantees in the Fifth Amendment's due process clause as applied to same-sex couples legally married under the laws of their states.
The key plaintiff is Edith "Edie" Windsor, 84, who married fellow New York resident Thea Spyer in Canada in 2007, about 40 years into their relationship. By the time Spyer died in 2009, New York courts recognized same-sex marriages performed in other countries. But the federal government didn't recognize Windsor's same-sex marriage, and she was forced to assume an estate tax bill much larger than those that other married couples would have to pay. So, Windsor sued the federal government.
A federal appeals court last year ruled in Windsor's favor, saying DOMA violated the Constitution's equal protection clause.
"Today's DOMA ruling is a historic step forward for #MarriageEquality. #LoveIsLove," President Barack Obama's official Twitter account posted soon after the decision was handed down.
Official court argumentation.
1.Regarding the California Marriage issue
http://www.supremecourt.gov/opinions/12pdf/12-144_8ok0.pdf
Short summary
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Hollingsworth v. Perry, 570 U.S. ___ (2013), is a United States Supreme Court case in which the Court held that initiative sponsors do not have Article III standing to appeal an adverse decision to the appellate level.[2]
As a result, the Supreme Court's ruling vacated decisions by the U.S. Court of Appeals for the Ninth Circuit and the Supreme Court of California and left in place the original decision by a district court judge from the United States District Court for the Northern District of California. That decision held that a California initiative, Proposition 8, was unconstitutional under the Equal Protection Clause and that the state of California's decision to deny marriage rights to same-sex couples was based solely on animus.
Lawsuits challenging Proposition 8 were filed in state and federal courts nearly immediately after the initiative's passage in 2008. In Strauss v. Horton (2009), the California Supreme Court ruled that Proposition 8 was a valid enactment under California law. However, in August 2010, Judge Vaughn Walker of the United States District Court for the Northern District of California ruled that Proposition 8 violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution. The judgment was stayed pending appeal.[3] On February 7, 2012, a divided three judge panel of the Ninth Circuit upheld the decision of the district court, though it did so on much narrower grounds than the District Court did.[4] On June 5, 2012, the Ninth Circuit denied a request for a rehearing en banc.[5] The proponents of Proposition 8 appealed the case to the U.S. Supreme Court on July 31, 2012.[6] The Supreme Court agreed to hear the case by granting a writ of certiorari on December 7, 2012. Oral arguments were heard on March 26, 2013.[7] On June 26, 2013, the Court held that the parties who had intervened to defend Proposition 8 (after the state of California declined to defend it) did not have standing. The Supreme Court remanded the case to the Ninth Circuit with instructions that the appeal be dismissed.[8] Once the Court of Appeals formally dismisses the appeal, same-sex marriage will again be legal in California.
The case was previously titled Perry v. Schwarzenegger, then Perry v. Brown.[9]
The case has long been regarded as a landmark case by supporters of both the plaintiffs and the defense.[10][11][12] The plaintiffs' attorneys, Theodore Olson and David Boies, were listed on the 2010 Time 100 for "their nonpartisan and strong legal approach to challenging Proposition 8"
As a result, the Supreme Court's ruling vacated decisions by the U.S. Court of Appeals for the Ninth Circuit and the Supreme Court of California and left in place the original decision by a district court judge from the United States District Court for the Northern District of California. That decision held that a California initiative, Proposition 8, was unconstitutional under the Equal Protection Clause and that the state of California's decision to deny marriage rights to same-sex couples was based solely on animus.
Lawsuits challenging Proposition 8 were filed in state and federal courts nearly immediately after the initiative's passage in 2008. In Strauss v. Horton (2009), the California Supreme Court ruled that Proposition 8 was a valid enactment under California law. However, in August 2010, Judge Vaughn Walker of the United States District Court for the Northern District of California ruled that Proposition 8 violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution. The judgment was stayed pending appeal.[3] On February 7, 2012, a divided three judge panel of the Ninth Circuit upheld the decision of the district court, though it did so on much narrower grounds than the District Court did.[4] On June 5, 2012, the Ninth Circuit denied a request for a rehearing en banc.[5] The proponents of Proposition 8 appealed the case to the U.S. Supreme Court on July 31, 2012.[6] The Supreme Court agreed to hear the case by granting a writ of certiorari on December 7, 2012. Oral arguments were heard on March 26, 2013.[7] On June 26, 2013, the Court held that the parties who had intervened to defend Proposition 8 (after the state of California declined to defend it) did not have standing. The Supreme Court remanded the case to the Ninth Circuit with instructions that the appeal be dismissed.[8] Once the Court of Appeals formally dismisses the appeal, same-sex marriage will again be legal in California.
The case was previously titled Perry v. Schwarzenegger, then Perry v. Brown.[9]
The case has long been regarded as a landmark case by supporters of both the plaintiffs and the defense.[10][11][12] The plaintiffs' attorneys, Theodore Olson and David Boies, were listed on the 2010 Time 100 for "their nonpartisan and strong legal approach to challenging Proposition 8"
2.Regarding the possibility of leaving inheritence for gay couples
http://www.supremecourt.gov/opinions/12pdf/12-307_g2bh.pdf
Short summary
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United States v. Windsor, 570 U.S. ___ (2013), is a United States Supreme Court case in which the Court held that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional.
The defendant-respondent, Edith Windsor, was the female spouse of Thea Spyer, another female whom she married in Canada in 2007 in a same-sex marriage, which the State of New York recognized as valid. Spyer died, and left Windsor everything she owned. Under federal law, a person may leave their spouse an unlimited amount without estate tax, but for any other person the limit is $3.2 million dollars. The Internal Revenue service, determining that under DOMA Windsor and Spyer were not considered married for Federal estate tax purposes, therefore the spousal exemption did not apply, and Spyer's estate owed the government US$363,053 in estate taxes. Windsor paid the tax, then sued for a refund. The trial court found the DOMA to be unconstitutional as a violation of the Fifth Amendment's equal protection clause, and ordered the government to refund the tax paid, plus interest. The government appealed.
The United States Court of Appeals for the Second Circuit affirmed the U.S. District Court for the Southern District of New York's decision in Windsor v. United States, which found Section 3 of the Defense of Marriage Act (DOMA) unconstitutional, as it defines the term marriage as "a legal union between one man and one woman as husband and wife" and spouse as "a person of the opposite sex who is a husband or a wife".
In the Interim, the Attorney General of the United States informed Congress that the Obama Administration believed the statute was unconstitutional, and wouldn't defend it, but wouldn't refund the tax, thus allowing Congress to have standing to defend the suit, which it chose to do.
The U.S. Supreme Court granted certiorari in December 2012 and heard oral arguments on March 27, 2013. The Supreme Court ruled in favor of Windsor on June 26, 2013, striking down Section 3 of DOMA and declaring the provision unconstitutional under the Fifth Amendment.[1]
The defendant-respondent, Edith Windsor, was the female spouse of Thea Spyer, another female whom she married in Canada in 2007 in a same-sex marriage, which the State of New York recognized as valid. Spyer died, and left Windsor everything she owned. Under federal law, a person may leave their spouse an unlimited amount without estate tax, but for any other person the limit is $3.2 million dollars. The Internal Revenue service, determining that under DOMA Windsor and Spyer were not considered married for Federal estate tax purposes, therefore the spousal exemption did not apply, and Spyer's estate owed the government US$363,053 in estate taxes. Windsor paid the tax, then sued for a refund. The trial court found the DOMA to be unconstitutional as a violation of the Fifth Amendment's equal protection clause, and ordered the government to refund the tax paid, plus interest. The government appealed.
The United States Court of Appeals for the Second Circuit affirmed the U.S. District Court for the Southern District of New York's decision in Windsor v. United States, which found Section 3 of the Defense of Marriage Act (DOMA) unconstitutional, as it defines the term marriage as "a legal union between one man and one woman as husband and wife" and spouse as "a person of the opposite sex who is a husband or a wife".
In the Interim, the Attorney General of the United States informed Congress that the Obama Administration believed the statute was unconstitutional, and wouldn't defend it, but wouldn't refund the tax, thus allowing Congress to have standing to defend the suit, which it chose to do.
The U.S. Supreme Court granted certiorari in December 2012 and heard oral arguments on March 27, 2013. The Supreme Court ruled in favor of Windsor on June 26, 2013, striking down Section 3 of DOMA and declaring the provision unconstitutional under the Fifth Amendment.[1]
An analysts oppinion of the inheritence issue
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The Supreme Court has dismissed a closely-watched appeal over same-sex marriage on jurisdictional grounds, ruling Wednesday private parties do not have "standing" to defend California's voter-approved ballot measure barring gay and lesbians couples from state-sanctioned wedlock. The ruling permits same-sex couples in California to legally marry. The 5-4 decision avoids for now a sweeping conclusion on whether same-sex marriage is a constitutionally-protected "equal protection" right that would apply to all states. The case is Hollingsworth v. Perry (12-144).
Responses from supporters of the measures:
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Bill Clinton ✔ @billclinton
Today's decisions are a great step forward for #MarriageEquality. Grateful to all who fought tirelessly for this day. http://wjcf.co/19CkWRy
Today's decisions are a great step forward for #MarriageEquality. Grateful to all who fought tirelessly for this day. http://wjcf.co/19CkWRy
Senator Harry Reid ✔ @SenatorReid
This is progress in the truest sense of the word. A great, historic day for equality! pic.twitter.com/CCGuHowy4e
This is progress in the truest sense of the word. A great, historic day for equality! pic.twitter.com/CCGuHowy4e
Senator Patty Murray ✔ @PattyMurray
Murray: Fight continues until who a person loves or where they live no longer determines federal protections & responsibilities. #DOMA #LGBT
Murray: Fight continues until who a person loves or where they live no longer determines federal protections & responsibilities. #DOMA #LGBT
Lady Gaga ✔ @ladygaga
Let's go DOMA. Supreme Court lets make history & stand for MARRIAGE EQUALITY! #GetItDoneThisWeek #TheWhole WorldIsWatching
Let's go DOMA. Supreme Court lets make history & stand for MARRIAGE EQUALITY! #GetItDoneThisWeek #TheWhole WorldIsWatching
Ricky Martin ✔ @ricky_martin
#PROP8 IS GONE! #DOMA IS GONE! #SCOTUS #LoveIsLove
#PROP8 IS GONE! #DOMA IS GONE! #SCOTUS #LoveIsLove
Jesse Tyler Ferguson ✔ @jessetyler
Remember the old days when #DOMA was around and gay people couldn't get married in California? Crazy right!?
Remember the old days when #DOMA was around and gay people couldn't get married in California? Crazy right!?
Alicia Keys ✔ @aliciakeys
I am standing on the right side of history. I stand with @HRC for marriage equality. #SCOTUS #time4marriage
I am standing on the right side of history. I stand with @HRC for marriage equality. #SCOTUS #time4marriage
Ben Affleck ✔ @BenAffleck
Big news from the Supreme Court. Goodbye #DOMA #Prop8. Hello #equality.
Big news from the Supreme Court. Goodbye #DOMA #Prop8. Hello #equality.
Leonardo DiCaprio "Historic day. Well done #SCOTUS. RT @GLAAD: Supreme Court affirms that #DOMA is unconstitutional!"
Michael Moore "SupremeCourt just ruled federal government canNOT make same-sex marriage illegal. Clinton's Defense of Marriage Act voided. Huge victory."
Demi Lovato "Gay, straight, lesbian, bi.. No one is better than any one else. What an incredible day for California AND for equality."
The Human Rights Campaign, which has pushed for LGBT equality, is declaring two "monumental victories." Here's the top of their statement:
In recent years, California’s Proposition 8 and the discriminatory Defense of Marriage Act became symbols of anti-LGBT discrimination around the country and around the world. Today, both crumbled.
In a watershed moment in the fight for equality, the United States Supreme Court today ruled to return marriage equality to California and to strike down DOMA. The court ruled in the Prop 8 case on procedural grounds, not reaching a decision on the merits of Prop 8 or the broader question of whether the Constitution guarantees the fundamental right to marry the person you love.
Marriages in California are expected to begin again soon. While a joyous milestone, these victories nonetheless throw into sharp relief the uneven progress for LGBT people around the country—a landscape where states like California are rapidly advancing toward equality, but progress in many other places remains stagnant.
In recent years, California’s Proposition 8 and the discriminatory Defense of Marriage Act became symbols of anti-LGBT discrimination around the country and around the world. Today, both crumbled.
In a watershed moment in the fight for equality, the United States Supreme Court today ruled to return marriage equality to California and to strike down DOMA. The court ruled in the Prop 8 case on procedural grounds, not reaching a decision on the merits of Prop 8 or the broader question of whether the Constitution guarantees the fundamental right to marry the person you love.
Marriages in California are expected to begin again soon. While a joyous milestone, these victories nonetheless throw into sharp relief the uneven progress for LGBT people around the country—a landscape where states like California are rapidly advancing toward equality, but progress in many other places remains stagnant.
Kris Perry, one of the key figures in the Proposition 8 case, said it was a victory not just for couples wanting to wed but also children. "No matter where you live, no matter who your parents are, no matter what kind of family you're in, you are equal, you are as good as your friends' parents and your friends."
She added: "We can go back to California and say to our own children - all four of our boys - your family is just as good as everybody else's family."
She added: "We can go back to California and say to our own children - all four of our boys - your family is just as good as everybody else's family."
Responses from opponents of the measure:
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Gov. Mike Huckabee ✔ @GovMikeHuckabee
5 people in robes said they are bigger than the voters of CA and Congress combined.And bigger than God.May He forgive us all.
5 people in robes said they are bigger than the voters of CA and Congress combined.And bigger than God.May He forgive us all.
Justice Anthony Kennedy wrote the majority opinion.
"DOMA divests married same-sex couples of the duties and responsibilities that are an essential part of married life and that they in most cases would be honored to accept were DOMA not in force," he wrote.
Kennedy wrote that the law "places same-sex couples in an unstable position of being in a second-tier marriage."
The ruling prompted tension among the divided court. Multiple dissenting opinions were filed. Justice Antonin Scalia, reading from his dissent, said the components of the majority's ruling are "wrong."
"The error in both springs from the same diseased root: an exalted notion of the role of this Court in American democratic society," he said.
Family Research Council president Tony Perkins released a statement saying his group was "disappointed" in the DOMA ruling and "disturbed" by the detail of the Proposition 8 decision but that it also took some heart from the Supreme Court's actions.
“Their refusal to redefine marriage for all states is a major setback for those seeking to redefine natural marriage," he said. "Time is not on the side of those seeking to create same-sex ‘marriage.’ As the American people are given time to experience the actual consequences of redefining marriage, the public debate and opposition to the redefinition of natural marriage will undoubtedly intensify
What is inevitable is that the male and female relationship will continue to be uniquely important to the future of society. The reality is that society needs children, and children need a mom and a dad. We will continue to work to restore and promote a healthy marriage culture, which will maximize the chances of a child being raised by a married mother and father.”
“Their refusal to redefine marriage for all states is a major setback for those seeking to redefine natural marriage," he said. "Time is not on the side of those seeking to create same-sex ‘marriage.’ As the American people are given time to experience the actual consequences of redefining marriage, the public debate and opposition to the redefinition of natural marriage will undoubtedly intensify
What is inevitable is that the male and female relationship will continue to be uniquely important to the future of society. The reality is that society needs children, and children need a mom and a dad. We will continue to work to restore and promote a healthy marriage culture, which will maximize the chances of a child being raised by a married mother and father.”
Pat Robertson
Allowing gay couples to access the same rights and benefits as straight couples is an attack on “the foundation of our society” led by “a few people [who] want to have their way of doing of sex affirmed by everybody else,” Robertson warned on the “700 Club” on Wednesday.
“They say it’s homophobia to believe that a marriage between a man and a woman is sanctioned by God. God is not a homophobe, God is almighty. He’s in charge of the world and this is the way he made it. Why? Because there isn’t any other way to have children. Two men do not have children, two women do not have children. That is the way God made it.”
Allowing gay couples to access the same rights and benefits as straight couples is an attack on “the foundation of our society” led by “a few people [who] want to have their way of doing of sex affirmed by everybody else,” Robertson warned on the “700 Club” on Wednesday.
“They say it’s homophobia to believe that a marriage between a man and a woman is sanctioned by God. God is not a homophobe, God is almighty. He’s in charge of the world and this is the way he made it. Why? Because there isn’t any other way to have children. Two men do not have children, two women do not have children. That is the way God made it.”
Pastor Matthew Hagee
Breaking from the traditional line of panic, Hagee promised on “Hagee Hotline” that gay marriage would be the death of capitalism:
The only relationship in natural law that can produce consumers is the relationship between a man and a woman. When you create a society that does not recognize this relationship as the foundation of its existence and you cease to produce what is required to sustain your economy, you will not survive.
Breaking from the traditional line of panic, Hagee promised on “Hagee Hotline” that gay marriage would be the death of capitalism:
The only relationship in natural law that can produce consumers is the relationship between a man and a woman. When you create a society that does not recognize this relationship as the foundation of its existence and you cease to produce what is required to sustain your economy, you will not survive.
Bonus:Funny reactions
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Westboro Baptist @WBCSays
Thank God for Fag SCOTUS knocking down hypocritical #DOMA & #Prop8! God Almighty’s ruling cannot be overruled by man! pic.twitter.com/37T6igJWDU
Thank God for Fag SCOTUS knocking down hypocritical #DOMA & #Prop8! God Almighty’s ruling cannot be overruled by man! pic.twitter.com/37T6igJWDU
John Nolte @NolteNC
Those worried gay marriage would be next 15 years ago were HOWLED at by media, just like media now HOWLING at those worried about polygamy.
Those worried gay marriage would be next 15 years ago were HOWLED at by media, just like media now HOWLING at those worried about polygamy.
IrelandStandUp @IrelandStandUp
@fdelond @SCOTUSblog so polygamy is fine too and marrying your dog and incest?
@fdelond @SCOTUSblog so polygamy is fine too and marrying your dog and incest?
Resist Tyranny @ResistTyranny
SCOTUS clears the way for "equal protection" of polygamy, pedophilia, bestiality and other deviant behaviors rejected by a moral society.
SCOTUS clears the way for "equal protection" of polygamy, pedophilia, bestiality and other deviant behaviors rejected by a moral society.
Bryan Fischer @BryanJFischer
The DOMA ruling has now made the normalization of polygamy, pedophilia, incest and bestiality inevitable. Matter of time.
The DOMA ruling has now made the normalization of polygamy, pedophilia, incest and bestiality inevitable. Matter of time.
I am personally glad that homosexuals now have the same rights as heterosexuals in states where gay marriage is allowed and can also get the same benefits as heterosexuals.I am long believer in equality for all and this measures reestablishes the United states a country based on democracy and human rights and puts it along with Netherlands,France and Great Britain at the forefront of the battle for equality.It is also a great victory for President Obama since he has always advocated same sex marriage in his speeches and political programs.
I shall keep this thread updated with reactions form relevant individuals