Wednesday, June 26, 2013

Supreme Court Gays

From the BBC:
"US Supreme Court in historic rulings on gay marriage"


The US Supreme Court has struck down a law denying federal benefits to gay couples and cleared the way for same-sex marriage in California. The justices said that the Defense of Marriage Act, known as Doma, discriminated against same-sex couples. They also declined to rule on Proposition 8, California's prohibition of gay marriage, in effect allowing such unions to resume in the state. Opinion polls indicate that most Americans support same-sex marriage.  Wednesday's decisions do not affect the bans on gay unions enshrined in the constitutions of more than 30 US states. But the California ruling means that 13 US states and the District of Columbia now recognise same-sex marriage.  The Doma opinion grants legally married gay men and women access to the same federal entitlements available to opposite-sex married couples. These include tax, health and pension benefits and family hospital visits.

 

Narrow victories perhaps, but there was evident delight among the overwhelming majority of those gathered in the hot sun outside the Supreme Court. After today, public and legal opinion are more closely aligned. No consensus yet, but narrow majorities in favour of gay couples being allowed to marry and enjoy the same rights as their fellow, straight citizens.  The practical implications of today's rulings may be narrow (they only involve 13 states and the District of Columbia), but it was the symbolism of the moment that thrilled the crowd.  They know there will be lots of battles ahead. But for the first time, the Supreme Court has attempted to make sense of the rules around gay marriage. For most of those who gathered in the heat outside this great temple of law, today's results suggest the tide of history is with them. The landmark 5-4 rulings prompted celebrations from about 1,000 gay rights advocates gathered outside the Supreme Court in Washington DC and nationwide.
After the ruling Defence Secretary Chuck Hagel said the Pentagon would begin extending benefits to same-sex military spouses as soon as possible. Defence officials added there were an estimated 18,000 gay couples in the armed forces, although it is not known how many were married. US President Barack Obama, who is on a state visit to the West African country of Senegal, said: "When all Americans are treated as equal, no matter who they are or whom they love, we are all more free."
Proposition 8 is a ban on gay marriage passed by California voters in November 2008, just months after the state's supreme court decided such unions were legal. Two same-sex couples launched a legal challenge against Proposition 8. As the state of California refused to defend the ban on gay marriage, the group that sponsored Proposition 8 stepped up to do so.  On Wednesday, 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. "We have no authority to decide this case on the merits," Chief Justice John Roberts wrote in the ruling, which was not split along ideological lines. Their opinion leaves in place a ruling by a lower court, in San Francisco, that struck down Proposition 8.  California Governor Jerry Brown is ordering county officials across the state to comply. The San Francisco appeals court has said it will wait at least 25 days before allowing same-sex marriages to resume in California.

 
 ^ I misunderstood the first article I had on these rulings this morning and decided to change it after re-reading it. I'm glad that the Supreme Court struck down DOMA (it is another stupid policy from Clinton that is now gone - hopefully, now schoolchildren will only know Clinton for not telling the truth to the American public on camera.) While I think the Supreme Court was right on Prop 8 I wish they had decided whether gay marriage should be legal or not throughout the country. By the way: I don't know why there's a weird box in this article - I couldn't get rid of it. ^


http://www.bbc.co.uk/news/world-us-canada-23068454

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