Wednesday, June 26, 2013

Gaytterdämmerung: DOMA, Prop 8 Both Struck Down 5-4

Double Victory! The Supreme Court has struck down the Defense of Marriage Act in United States v. Windsor, a 5-4 ruling written by Justice Anthony Kennedy joined by the 4 liberal justices.

Additionally, the Supreme Court has decided in Hollingsworth v. Perry that because the proponents lack standing to appear in federal court, the 9th U.S. Circuit Court of Appeals was wrong to hear the appeal of Perry v. Schwarzenegger from Vaughn Walker's powerful district court ruling which found Proposition 8 unconstitutional on August 4, 2010. The effect is that marriages between same-sex couples will resume again in California once the stays on that decision is resolved by the federal courts. That should happen in a few days or weeks. The Perry decision was another 5-4 decision, written by Chief Justice John Roberts and joined by the  curious combination of Scalia, Kagan, Breyer and Ginsburg. Kennedy wrote the dissenting opinion, which was joined by Thomas, Alito and Sotomayor.

Happy Pride!

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