Supreme Court Delivers Gay Marriage Victory

BREAKING NEWS:  Supreme Court Delivers First Gay Marriage Victory

Profound Victory for basic human rights as the Supreme Court issues rulings on Gay Marriage.

In 5-4 ruling, U.S. Supreme Court justices overturn Defense of Marriage Act, saying it is unconstitutional. DOMA is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment. Roberts, Scalia, Alito, Thomas issue Dissents. Chief Roberts and Scalia believe there is no jurisdiction. Opinion is by Justice Kennedy, joined by the four liberal Justices — Ginsburg, Breyer, Sotomayor, and Kagan. Kennedy states, “DOMA singles out a class of persons deemed by a State entitled ot recognition and protection to enhance their own liberty.”

In plain terms, same-sex couples who are legally married will be entitled to equal treatment under federal law such benefits include income taxes, social security benefits and over a thousand other federal laws and programs. The Court explained that by denying recognition to same-sex couples who are legally married, federal law discriminates against them. This decision means that same-sex couples who are legally married must now be treated the same under federal law as married opposite-sex couples..

In Proposition 8 ruling, court dismisses based on standing. Gay Marriage Ban in California is struck down. From Chief Roberts “”The Court does not have before it, and the logic of its opinion does not decide, the distinct question whether the States . . . may continue to utilize the traditional definition of marriage.” The Ninth Circuit was without jurisdiction to consider the appeal. The judgment of the Ninth Circuit is vacated, and the case is remanded with instructions to dismiss the appeal for lack of jurisdiction.

In plain English because the State of California would not defend the law, proponents of the ban filed the suit challenging the ninth circuit courts decision.  The supreme court has ruled that the suit had no standing as the proponents have no legal rights to bring the case.

At 10am the Supreme Court and it’s nine justices convened to issue rulings on the constitutionality of the Defense of Marriage Act (DOMA), which limits the definition of marriage to being specifically a male/female relationship for the purpose of federal benefits, and a California state law banning gay marriage AKA proposition 8.

Both cases, which were argued in March, could shape the debate profoundly on weather gay men and women have the right to marry their same-sex partners. The cases come before SCOTUS (Supreme Court of the United States) at a time when opinion polls show growing support for gay marriage.  While only 12 (13 with California) states recognize gay marriage, there are still over 30 states that prohibit it with many more with laws that try to provide some rights to gay couples while not officially calling it “marriage”.

The DOMA case before the court was brought by Edith Windsor of New York who was married to a woman, Thea Spyer, legally at the state level in New York, but was unable to get the federal estate tax deduction available to heterosexuals when their spouses die due to the 1996 DOMA law.  When Spyer died in 2009, Edit Windsor was forced to pay federal estate taxes in the amount of $363,000.  Windsor case files suit against the federal government seeking a refund of the same amount.

While the Obama administration once defended the law, Attorney General Eric Holder said the law was unconstitutional in 2011. The administration asked the Supreme Court to strike the law down. making Obama the first sitting president to support gay marriage.

The California case, Proposition 8,  was a state ballot measure that was approved by voters in 2008 just months after the California’s supreme court ruled in favor of gay marriages. A federal judge struck the proposition 8 law down two years later in 2010 as a violation of the US Constitutions guarantee of equal protection.

Que Passa with Proposition 8?

The History of Proposition 8

The battle of gay marriage in California is not over yet.  The “Eliminates Right of Same-Sex Couples to Marry Act), formerly titled “California Marriage Protection Act,” was in November 2008 an initiative on the California voter ballot which defined marriage as between one man and one woman. Consequently, it altered the California Constitution: California became the 29th state to pass a constitutional amendment banning marriage for gay and lesbian couples.

On March 5, 2009, hearings were held in the California Supreme Court on the constitutionality of Prop 8.  The court, 90 days later, upheld Proposition 8.  Despite the ruling, the 18,000 couples married prior to the ban kept their licenses and rights.

The first same-sex couple to marry in Los Angeles County, Robin Tyle and Diane Olson, along with two other parties, file a lawsuit to fight the constitutional amendment.  A month later, former Attorney General and now Governor Jerry Brown personally claimed Prop 8 “unfortunate” and expressed hope that the Supreme Court will overturn the measure.

The Landmark Trial – Cases in Federal, not State Court System

No federal court had ever considered whether gay and lesbian Americans have the freedom to marry prior to January 11, 2010.  The Federal District Court had to decide whether the state can deny rights to some Americans based solely on whom those people wish to marry. Should a person’s sexual orientation define whether he or she could marry?

On January 11, 2010, Attorney Ted Olson (Bush vs Gore) asks Plaintiff Kristin Perry what it means to be a lesbian in an opening argument. Olson and Attorney David Boies ( also Bush v. Gore) represented two couples who wanted to marry, Kris Perry and Sandy Stier and Paul Katami and Jeff Zarrillo.  Boies and Olson argued that Prop 8 is prejudicial and discriminatory and contrary to constitutional principles.  It violates the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution.

Twelve days, 17 witnesses and nine experts later, the trial ends and presiding Judge Vaughn R. Walker prepares for closing arguments the following March.  The ruling:  Proposition 8 is unconstitutional.  However, shortly after the Prop 8 trial concludes, Judge Walker admits to a ten-year relationship with another man. Conservatives criticize his views, saying that gay bias colored his opinions in court.

However, his ruling is upheld.  Another appeal is forthcoming.  Heads are turned to California: riding on this appeal is the outcome for gay rights in California and the entire U.S.. The United States Court of Appeals for the Ninth Circuit sided with Olson and Boies in a 2 to 1 ruling:  Proposition 8 is unconstitutional.

What’s Next?

By law, Prop 8ers can ask that the case be heard by a larger panel of the United States Court of Appeals or take it directly to the Supreme Court.  Boies and Olson want the latter.  A Supreme Court win means that more than likely all of the anti-gay laws, especially DOMA (Defense of Marriage Act) will become obsolete.

U.S. Supreme Court will decide fate of DOMA cases and Prop 8 this Month

The US Supreme Court will meet November 20th privately to discuss a federal challenge to Proposition 8 and challenges to DOMA. It is considering if it will grant review of AFER’s (American Foundation for Equal Rights) ‘s Perry v. Brown, now Hollingsworth v. Perry’s case.

If it hears the case, it will consider whether Prop. 8 violates the Constitution, paving the way for a Supreme Court ruling on marriage equality for gay and lesbian couples. Boies and Olson, co-counsel for AFER, will file written briefs and present oral arguments in the spring of 2013.  By June 2013, the court’s final decision would likely be issued.

If the court does not hear the case, it will let AFER’s court victories go into effect. Marriage equality will return to California within days, according to http://The Supreme Court will decide future of gay marriage cases next month, GAYSTARNEWS, 10/29/12.  An appellate court decision ruled the anti-gay marriage ballot measure was unconstitutional. Passed by voters, it would be made permanent and its opponents could not legally challenge.

Win Likely

Sixteen polls show a majority of Americans support the freedom to marry.  It means tolerance, inclusion, and equal rights for GLBT individuals.  Now that two federal courts have found Prop. 8 unconstitutional, and it’s headed for the Supreme Court ruling, it has a good chance to finally end discrimination.