DOMA & Prop 8 Struck down

[sparkindarkness]

 Congratulations - another step forward in the US towards removing injustice.

Remember to the haters - this is a right owed, an injustice corrected and equality denied. Nothing has been given, nothing has been granted - this is taking one more step to gaining what all straight people have every day. Anyone trying to imply unfairness, or -

Comments

[theweaselking]

Yeah, I'm kinda disappointed at the Prop 8 ruling, but, to be SLIGHTLY fair, saying "no, really, you need STANDING to appeal a case. STANDING. 9th circuit made a mistake by giving it to you, we made a mistake by thinking your arguments-as-to-standing might be persuasive. No standing, no appeal. You can't amicus your way into a case that doesn't exist" is a pretty good ruling, taken in isolation.

[aviv_b]

Striking down DOMA is great but it doesn't help where same sex marriage isn't allowed (I'm looking at YOU, Illinois).

Prop 8 is interesting but doesn't mean all that much outside of California. The Supremes didn't address whether citizens can vote to deny other citizens rights. As theweaselking rightly points out, they were able to push it back to the lower court ruling due to standing. Now how they would rule on challenges to other state laws baring same-sex marriage isn't clear but I'm hopeful that the 5-4 ruling on DOMA would hold.

[coyotegoth]

Definitely a step forward.

[jocelyncs]

You're correct that neither of these rulings areas broad-reaching as we need - numerous states still refuse to grant full faith and credit to same-sex marriages from other states in flagrant violation of the US Constitution. That is the decision we ultimately need, as well as a clear adherence to the Loving v. virginia decision that declared marriage a fundamental right.

[gwyd]

Generally, marriage rights are portable in US law. For example, a straight couple married in New york is still married if they move to Idaho. What will likely happen is a couple married where it is legal will try to do something routine like file state taxes jointly. The bigoted case will say that's not legal. They'll take it to court because it's discriminatory. likely they will win, because there is massive precedent on the side of marriages being legal across state lines. Whether or not they win, it will likely go to appeals etc.. It will take a few years, most likely. There is no way to guess the make up of the supreme court at that stage, whether or not they will take it, etc.. My money is on the courts siding ultimately with marriages being valid regardless of where you got married in the long run, just like they have since they ruled that way on inter-racial marriages. I suspect this will further erode the position of the bigots. Once people can simply cross state lines to get marry, but still have full rights in the