High Court Rules on Same-Sex Marriage, Kind Of
June 26, 2013
The U.S. Supreme Court issued rulings today on two highly anticipated cases affecting same-sex couples. In a 5-to-4 vote, the court declared the federal Defense of Marriage Act (DOMA) unconstitutional. DOMA defined marriage as a union between one man and one woman. However, in a separate ruling, the court skirted the broader issue of gay marriage by ruling that it did not have standing to void Proposition 8. Prop 8 was a 2008 California ballot measure that outlawed same-sex marriages in that state.
Legal experts note that the court’s decision on Prop 8 leaves in place a lower court’s strike-down of the ban. Thus, same-sex marriages may resume in California. However, the Supreme Court’s ruling does not have broader implications on the legality of same-sex marriages nationwide and does not affect the laws and amendments banning same-sex marriage in more than 30 U.S. states. The majority opinion was written by Chief Justice John Roberts.
The Supreme Court Building in Washington, D.C. (© Joe Sohm, Photo Researchers)
The DOMA case is less complicated. Passed by Congress in 1996, DOMA barred federal recognition of same-sex marriages for such purposes as Social Security survivors’ benefits, insurance benefits, immigration, and the filing of joint tax returns. The Supreme Court declared the law unconstitutional on the grounds that it denies same-sex couples the “equal liberty” guaranteed by the Fifth Amendment. The court’s ruling means that same-sex couples who marry in the 12 states and District of Columbia where gay marriage is legal are entitled to the same federal benefits as married opposite-sex couples. The majority opinion was written by Justice Anthony Kennedy. Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas, and Samuel Alito dissented.
Additional World Book articles:
- Civil union
- Gay rights movement
- Courts 2009 (a Back in Time article)
- Courts 2010 (a Back in Time article)
- Courts 2011 (a Back in Time article)
- Courts 2012 (a Back in Time article)
