DOMA decision called ‘historical’ for same-sex couples
Same-sex couples were handed a victory by the U.S. Supreme Court on Wednesday.
In their final session of the term, the justices issued two 5-4 decisions related to gay marriage.
“It’s a very historical day. It marks the moment that America is changing, and it’s a vision of what’s to come,” said Troy Michael Smith, formerly of Connellsville, currently residing in New York City.
Smith, a motivational speaker and gay-rights activist, said the ruling opens eyes to the unjust treatment of gay couples.
The victory for same-sex couples came in the ruling, which invalidated a provision of the federal Defense of Marriage Act (DOMA) that had prevented married gay couples from receiving federal benefits generally available to married couples.
The Supreme Court also upheld a lower federal court’s decision that California’s Proposition 8 is unconstitutional. Voters in the state adopted Prop 8, which legally defined a marriage as being between a man and a woman. A California appeals court determined Prop 8 is unconstitutional. Gov. Jerry Brown ordered that marriage licenses be issued to gay couples as soon as a federal appeals court lifts its hold on the lower court ruling, possibly next month.
Paula Johnston, chapter leader of Marriage Equality for SW PA (ME4SWPA), said the Prop 8 decision restores marriage status for gay couples.
“For the couples in California who had their marriages annulled, this is good news, and now other couples will be able to move forward,” said Johnston.
Robert Hensley, formerly of Wharton Township, currently living in Los Angeles, said, “I have very dear friends who were married in the short time that it was legal in California, and then Prop 8 hit everyone like a shovel to the forehead, and their marriages were suddenly meaningless as far as the law was concerned. To see DOMA crash and burn and to have Prop 8 get thrown back to the 9th Circuit Court like a gutted fish is really liberating. It’s easier to think about getting married and starting a family when you aren’t waiting to be allowed to do it. Today’s rulings have given my friends and family a reason to celebrate.”
The DOMA ruling opens the doors for legally married same-sex couples to receive a range of tax, health and retirement benefits that are generally available to married people.
Justice Anthony Kennedy wrote the majority opinion.
“Under DOMA, same-sex married couples have their lives burdened, by reason of government decree, in visible and public ways,” Kennedy said.
Same-sex marriage has been adopted by 12 states and the District of Columbia. Another 18,000 couples were married in California during a brief period when same-sex unions were legal there.
“DOMA’s principal effect is to identify a subset of state-sanctioned marriages and make them unequal,” he said.
Kennedy was joined by the court’s four liberal justices: Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elaina Kagan.
Chief Justice John Roberts and Justices Samuel Alito, Antonin Scalia and Clarence Thomas dissented.
Scalia read his dissent aloud. Scalia said the court should not have decided the case.
But, given that it did, he said, “We have no power under the Constitution to invalidate this democratically adopted legislation.”
Scalia continued, “Some will rejoice in today’s decision, and some will despair at it; that is the nature of a controversy that matters so much to so many. But the Court has cheated both sides, robbing the winners of an honest victory, and the losers of the peace that comes from a fair defeat. We owed both of them better.”
DOMA was passed by a broad majority of the House and Senate in 1996 and signed into law by President Bill Clinton. Since that time, many lawmakers have renounced their former support of the law.
Smith is hopeful the Supreme Court decisions open doors encouraging the issue of same-sex marriage on the ballot in all states.
“If we can vote on this, then we are letting the people speak. Voices and opinions matter,” said Smith.
Johnston also called the decision historical, adding the DOMA ruling allows ME4SWPA to continue working with the state chapter to impact change in Pennsylvania.
“Most people who are working toward marriage equality are looking for a national consensus for all citizens in all states.”
The Associated Press contributed to this report