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27 Jun 2013

Major victory for same-sex marriage in the US

The US Supreme Court on Wednesday handed two major victories to advocates of same-sex marriage in the US, ruling that same-sex couples should get the same federal benefits as heterosexual couples and clearing the way for the resumption of same-sex marriages in California.

The US Supreme Court has struck down the Defense of Marriage Act , a 1996 law blocking federal benefits to same-sex couples and cleared the way for same-sex marriage in California.

Marriage equality supporter with a message. Photo: Independent.co.uk

"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."

The court's 5-4 decision said the Defense of Marriage Act, known as DOMA, discriminated against same-sex couples as it denies equal protection to same-sex couples and was unconstitutional.

In the second case, the court said that it could not rule on a challenge to Proposition 8, a ban on gay marriage passed by California voters in November 2008, because supporters of the ban lacked the legal standing to appeal a lower court’s decision against it.

The US Supreme Court said a private party did not have the right, or "standing", to defend the constitutionality of a law, because it could not demonstrate it would suffer injury if the law were to be struck down and same-sex marriages allowed.

Their opinion leaves in place a ruling by a lower court, in San Francisco, that struck down Proposition 8; and will in effect allow same-sex unions to resume in the state.

Under the Defense of Marriage Act, same-sex couples who are legally married in their states were not considered married in the eyes of the federal government, and were ineligible for the federal benefits including tax exemption for health benefits for gay spouses and the right to petition the government for a green card. Not counting California, 12 states and the District of Columbia have authorised gay marriage.

US President Barack Obama, who announced a year ago he supported same-sex marriage, has "applauded" the court's rulings. He said in a statement: "This ruling is a victory for couples who have long fought for equal treatment under the law; for children whose parents' marriages will now be recognized, rightly, as legitimate; for families that, at long last, will get the respect and protection they deserve; and for friends and supporters who have wanted nothing more than to see their loved ones treated fairly and have worked hard to persuade their nation to change for the better."

He added that he has directed members of his administration to review "all relevant federal statutes" to ensure the Wednesday's decision is implemented "swiftly and smoothly."

United States

Reader's Comments

1. 2013-06-27 22:59  
It IS about time! Hopefully the feds will uphold the ability for spouses to apply for permanent residency for their spouses.
2. 2013-06-27 23:38  
Yeh lets hope things in the states continue to move forward... its way past time!
3. 2013-06-28 03:11  
OMG, 26JUN13 950am woke up flipped on Miami's Channel
CBS4 expecting to see "The Wendy Show" with her hot topics.
Why are they showing people running from the U.S. Supreme
Court Building in Washington?? OMG they have ruled on the
two of the most important gay challenges to equality in the
U.S. and they ruled in favor of LGBT people. I am just stunned
that 5 Justices in my lifetime realized that gay couples were
being ostrasized by hyprocrtes, biggots, religious zellouts and a
conservitive controlled House of Representives in Congress.
Now and eventually in all 50 states gay married couples will
be considered equal under the law. It is a great day in the
USA.
Comment edited on 2013-06-28 03:13:51
4. 2013-06-28 04:40  
And yes, for those married in states that allow it, one can have their spouses immigrate.
Comment edited on 2013-06-28 05:00:58
5. 2013-06-28 06:17  
Immigration Equality has some informative FAQs relating to the end of DOMA as it relates to bi-national couples at:
http://immigrationequality.org/2013/06/the-end-of-doma-what-your-family-needs-to-know/
6. 2013-06-28 08:58  
Congratulation! Though I dun think such recognition would ever happen here, it's a big step forward to equality. I am glad all love birds can tie their knots in those states from now on :)
7. 2013-06-28 10:32  
Hmmm ... a victory for LGBT Americans no doubt but I think the US still lags behind countries like Canada that have had marriage equality nationwide for some time now. I mean, if a gay couple's marriage license is only recognized by a state that allows gay marriage, then what happens when the couple has to move to another state for work reasons but where gay marriage is only a pipe dream? Would their union be unlawful then and, if so, what would happen to their joint proprietary rights over the matrimonial home, parental rights over their children (if any), their children's legitimacy in the eyes of the law of that state, or their children's eligibility to register for a place in an educational institution in that state, etc? Why doesn't Obama just make marriage equality a federal issue and get Capitol Hill to deal with it for the benefit of all LGBT Americans anywhere in the US? Why keep it at the state level where so many conflicting variables are involved? Why not just establish marriage equality as a nationwide institution? That's definitely one thing the US could learn from Canada.
Comment edited on 2013-06-28 10:34:01
8. 2013-06-28 12:04  
I am glad I made it here. a place with love and equality. DOMA is dead and EQUALITY has just revived.
9. 2013-06-29 12:16  
This new law is not for u, to use as tool to migrate but just to show that you are exist, the same as other creations.
Even, you do not need this law too much as you can marry with your jobs, your environment ,with any, that gay should show contribution to others around you.
Do not be silly!
You must show that you are better than others creation.
This law is not just to full fill your individual desire, but to show that God is exist, create different creations for good intentions.
To show faith to God , not faith to Holly books.
as Gay creation is also exist in inorganic matters.


Comment #10 was deleted by its author on 2013-06-30 08:55
Comment #11 was deleted by its author on 2013-06-30 08:55
12. 2013-06-30 08:55  
bottom4used whatda hell are you talking about?
Comment #13 was deleted by its author on 2013-06-30 08:55
Comment #14 was deleted by its author on 2013-06-30 08:55
Comment #15 was deleted by its author on 2013-06-30 08:56
Comment #16 was deleted by its author on 2013-06-30 08:55

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