Friday, December 7, 2012

Supreme Court Will Hear Gay Marriage Cases

THIS IS HUGE MY FRIENDS!  The Supreme Court will take up California’s ban on same-sex marriage, a case that could give the justices the chance to rule on whether gay Americans have the same constitutional right to marry as heterosexuals.

The justices said Friday they will review a federal appeals court ruling that struck down the state’s gay marriage ban, though on narrow grounds. The San Francisco-based appeals court said the state could not take away the same-sex marriage right that had been granted by California’s Supreme Court.

The court also will decide whether Congress can deprive legally married gay couples of federal benefits otherwise available to married people. Full story here!

Here's the New York Times report on the consideration.

4 comments: said...

SCOTUS Reactions
MA Attorney General Martha Coakley
We believe that the First Circuit’s ruling striking down the Defense of Marriage Act was correct and we look forward to the time when that discriminatory law is conclusively invalidated. Though the Supreme Court has chosen to take up the issue of DOMA’s constitutionality in another case – Windsor v. United States – my office will continue to work hard to support the parties involved. We are hopeful that the Supreme Court will decide, once and for all, that DOMA’s discrimination is unjustifiable and wrong.
Lambda Legal
This is an exciting moment in our journey toward equality. DOMA is a terrible law that forces our government to discriminate against loving same-sex couples, and it is time for it to go. It is clear that DOMA's days are numbered. Every one of the cases that the Court was considering makes a clear and compelling case for striking down this outrageous and discriminatory law. As we have throughout this litigation, we will contribute support and file a friend-of-the-court brief. We look forward to working with the ACLU and other sister organizations in making this case before the Court. As for Hollingsworth v. Perry, while the Supreme Court's decision to review the Ninth Circuit's correct and carefully-worded ruling delays the restoration of equal access to marriage for same-sex couples in California, we believe the lower court rulings in California will stand.
Windsor is represented by attorneys from Paul, Weiss, Rifkind, Wharton & Garrison LLP; the American Civil Liberties Union; the New York Civil Liberties Union and the Stanford Law School Supreme Court Litigation Clinic. While New York and eight other states now give same-sex couples the freedom to marry, DOMA requires otherwise legally married same-sex couples like Edie and Thea to be treated by the federal government as if they had never married,” said New York Civil Liberties Union executive director, Donna Lieberman. “It is time for the Supreme Court to strike down this unconstitutional statute once and for all.”
NY Assemblyman Daniel O'Donnell
While I am disappointed that Californians will now have to wait even longer for Marriage Equality to be restored in their state, I am profoundly hopeful that the Supreme Court is taking this opportunity to consider the discriminatory Defense of Marriage Act. I was proud to help lead New York’s successful Marriage Equality fight, but until the federal government recognizes marriages like mine, we have not achieved true Marriage Equality. said...

DOMA creates a gay-only exception to federal recognition of state-licensed marriages, and we believe that the federal government should stop discriminating against same-sex couples legally married by their states. We know from working with legally married same-sex couples since 2004 in Massachusetts that DOMA undermines their security in every aspect of life and death. GLAD has been leading the fight for marriage equality for two decades, including the historic marriage equality breakthroughs in Massachusetts and Connecticut. That the issue will soon be heard by the Supreme Court is a vindication of our work to achieve equal protection under the law for same-sex couples. This day has been long in the making, and we are committed to the success of this case.
Empire State Pride Agenda
Although marriage equality in New York and the recent wins in Maine, Maryland and Washington were major victories, DOMA currently prevents our marriages from being recognized on the federal level. This means that our commitments are not honored and our families are not protected by the federal government. We are hopeful that the Supreme Court will grant all married couples, in New York and other states, the recognition they deserve by upholding the multiple lower court rulings that have already declared sections of DOMA and Proposition 8 unconstitutional. We view these deliberations as necessary to end discrimination and advance full equality for all Americans.
Human Rights Campaign
Today is a milestone day for equal justice under the law and for millions of loving couples who want to make a lifelong commitment through marriage. The passage of Proposition 8 caused heartbreak for so many Americans, but today’s announcement gives hope that we will see a landmark Supreme Court ruling for marriage this term. As the Court has ruled 14 times in the past, marriage is a fundamental right and I believe they will side with liberty, freedom and equality, moving us toward a more perfect union as they have done in the past. “Proposition 8 has been already been declared unconstitutional in Federal District Court and the Ninth Circuit Court of Appeals. Now the Supreme Court has an opportunity to do the same and send a resounding message of hope to LGBT young people from coast to coast that they have the same dignity and same opportunities for the future as everyone else.
Freedom To Marry
By agreeing to hear a case against the so-called Defense of Marriage Act, the Court can now move swiftly to affirm what 10 federal rulings have already said: DOMA’s ‘gay exception’ to how the federal government treats married couples violates the Constitution and must fall. When it comes to the whole federal safety net that accompanies marriage – access to Social Security survivorship, health coverage, family leave, fair tax treatment, family immigration, and over 1000 other protections and responsibilities -- couples who are legally married in the states should be treated by the federal government as what they are: married." “Additionally, gay and lesbian couples in California – and indeed, all over the country – now look to the Supreme Court to affirm that the Constitution does not permit states to strip something as important as the freedom to marry away from one group of Americans.

Anonymous said...

If and when DOMA is stricken down, what does that mean for nationwide gay marriage?

Christian H said...

well, if the source that I read is through is correct, I believe that it's possible the Supreme Court would simply decide on whether the US has a legitimate interest in recognizing same sex marriages, as marriage has traditionally been handled by the states.

What I think might be more interesting is the case they are hearing on Prop 8. It's possible their decision will be only on the specific case of California, but it is also possible they would make a wider ruling that such bans are unconstitutional. If they do so then states would no longer be able to ban gay marriage, which could be a pretty effective end to the issue.

Either way, we have a number of months to wait until we actually hear anything, the Supreme Court likes to take it's time with cases, as it should. I believe we'll have to wait until June