State Rights Struck Down as Gay Marriage Rules
States will no longer be able to define marriage once the ramifications of this ruling reach fullness. Wait til the polygamists get going! And even those who enjoy bestiality. Heck, there have even been movements to normalize pedophilia. It’s a liberal world where the only rules are what makes you feel good.
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The US Supreme Court has struck down the Defense of Marriage Act as unconstitutional in a 5-4 ruling, authored by Justice Kennedy. Chief Justice Roberts dissented, as did Justices Scalia, Thomas and Alito. The Court’s rationale, per SCOTUS blog: “DOMA is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment.” The Defense of Marriage Act was passed overwhelmingly by Congress and signed by President Clinton in 1996. Here is the text of the landmark Windsor decision.
While the federal portion of DOMA has been tossed out (the federal government must now recognize same-sex marriage performed in states that allow the practice), it appears that the high court has not require states to recognize same sex unions from other states. In Chief Justice Roberts’ dissent, he hints that the Court will dismiss the Proposition 8 gay marriage case from California, based on standing issues. That decision, Hollingsworth v Perry, will be released in a few minutes. So it looks like the Court has given gay rights proponents a significant win on DOMA, while preserving some level of respect for federalism on the issue, and has not handed down a sweeping ruling on gay marriage. We’ll have to wait to see Perry to know for sure, but it doesn’t sound like the Court has established a right to marriage for same-sex couples.