Supreme Court strikes down Defense of Marriage Act, Dismisses Prop 8

The US Supreme Court struck down the Defense of Marriage Act today, allowing legally married same-sex couples to receive federal recognition of their unions.

In a landmark ruling for gay rights, the Supreme Court on Wednesday struck down the Defense of Marriage Act, the 1996 law blocking federal recognition of same-sex marriages.

The decision was 5-4, written by Justice Anthony Kennedy. It said that the law amounted to the “deprivation of the equal liberty of persons that is protected by the Fifth Amendment.”

The ruling means that federal government must recognize the gay marriages deemed legal in 12 states and the District of Columbia. The law helps determine who is covered by more than 1,100 federal laws, programs and benefits, including Social Security survivor benefits, immigration rights and family leave.

Scalia, in his dissent, wrote: “We have no power to decide this case. And even if we did, we have no power under the Constitution to invalidate this democratically adopted legislation. The Court’s errors on both points spring forth from the same diseased root: an exalted conception of the role of this institution in America.”

There is a decision still pending on Prop 8, the California law that struck down legal same-sex marriage in the state. Prop 8 passed by popular vote in 2008.

Marriage equality is on its way to becoming a reality!

ETA: YAY! The Supreme Court dismisses the Prop8 appeal! Let the marriages in California begin!

The Supreme Court has dismissed a closely-watched appeal over same-sex marriage on jurisdictional grounds, ruling Wednesday private parties do not have “standing” to defend California’s voter-approved ballot measure barring gay and lesbians couples from state-sanctioned wedlock. The ruling permits same-sex couples in California to legally marry.

via NBC News, CNN

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