DOMA is Unconstitutional says Supreme Court, Prop 8 Dismissed

Update: The SCOTUS has dismissed the CA prop 8 case, saying that a private party (the coalition that put prop 8 on the state ballot) did not have the constitutional standing to defend a statue when the State has chosen not to. This means the lower courts’ ruling that prop 8 is unconstitutional will stand.

The case was dismissed on a legal standing before the Justice’s could rule on the main arguments. This means the constitutionality of a same-sex marriage ban in California specifically was not considered by the Supreme Court. This ruling means that same-sex marriages in California may continue once again, in jurisdictions where the county clerk agrees that prop 8 is indeed unconstitutional.



Breaking news:The Supreme Court has struck down the Defense of Marriage Act in a 5-4 ruling this morning. Here’s an excerpt from the majority ruling:

The class to which DOMA directs its restrictions and restraints are those persons who are joined in same-sex marriages made lawful by the State. DOMA singles out a class of persons deemed by a State entitled to recognition and protection to enhance their own liberty. It imposes a disability on the class by refusing to acknowledge a status the State finds to be dignified and proper.

The majority opinion was written by Justice Kennedy, who was joined by four other Justices: Breyer, Ginsburg, Kagan, and Sotomayor.

The basis on which the SCOTUS made this ruling makes it seem likely that the case involving California’s prop 8 will also be found unconstitutional.

More updates to come.

Permanent link.

Copyright 2010 Independent Adoption Center. All Rights Reserved.

Powered by WordPress