The Supreme Court of the United States has issued some historic rulings this week, two of the biggest were on gay rights. The two cases the Supreme Court dealt with were United States vs Windsor which concerned the Defense of Marriage act (DOMA) and Hollingsworth vs Perry which concerned California´s Proposition 8. The court ruled 5-4 in both cases in favour of gay rights.
DOMA was probably the more significant ruling as it has national implications. DOMA was signed into law in 1996 by President Bill Clinton (who has since disavowed the law). The law banned federal recognition of same-sex marriage, even in states like Massachusetts that have legalised it, this meant thousands of federal benefits were denied to same-sex couples. Edith Windsor, who married her partner of 40 years in Canada in 2007 was landed with over $300,000 in extra taxes following her partner´s death due to the federal government refusing to recognise their relationship. The Supreme Court ruled 5-4, with Justice Kennedy siding against DOMA, that the law was unconstitutional. Scalia wrote a scathing dissent, claiming that the Supreme Court had no right interferring with a law.
The Prop 8 ruling is very important to California as it now means that same-sex couples will be allowed to marry once again. The Prop 8 case finds its origins in early 2008 when the California Supreme Court ruled that same-sex couples had the right to marry. Almost immediately the anti-gay side tried to undo the court´s ruling. They managed to gain enough signatures to put the question of same-sex marriage to the voters and in November 2008 Californians voted by 52% to ban same-sex marriage. A challenge was launched to Prop 8, claiming the law was unconstitutional. A Californian judge agreed, as did a majority of judges on the 9th Circuit Court of Appeals, then the Supreme Court of the United States decided to take the case. The ruling was rather bizarre as the justices ruled against Prop 8 on the grounds that those defending it had not suffered harm or injury. This meant that the judge´s ruling would stand. More bizarrely was how the court ruled, three of the four liberal justices as well as conservatives Roberts and Scalia ruled against Prop 8, whilst moderate Kennedy and liberal Sotomayor ruled in favour! The big surprises are Sotomayor and Scalia, considering how they normally rule in the opposite direction. The decision effectively doubles the total population of US states that have legal same-sex marriage.
DOMA was probably the more significant ruling as it has national implications. DOMA was signed into law in 1996 by President Bill Clinton (who has since disavowed the law). The law banned federal recognition of same-sex marriage, even in states like Massachusetts that have legalised it, this meant thousands of federal benefits were denied to same-sex couples. Edith Windsor, who married her partner of 40 years in Canada in 2007 was landed with over $300,000 in extra taxes following her partner´s death due to the federal government refusing to recognise their relationship. The Supreme Court ruled 5-4, with Justice Kennedy siding against DOMA, that the law was unconstitutional. Scalia wrote a scathing dissent, claiming that the Supreme Court had no right interferring with a law.
The Prop 8 ruling is very important to California as it now means that same-sex couples will be allowed to marry once again. The Prop 8 case finds its origins in early 2008 when the California Supreme Court ruled that same-sex couples had the right to marry. Almost immediately the anti-gay side tried to undo the court´s ruling. They managed to gain enough signatures to put the question of same-sex marriage to the voters and in November 2008 Californians voted by 52% to ban same-sex marriage. A challenge was launched to Prop 8, claiming the law was unconstitutional. A Californian judge agreed, as did a majority of judges on the 9th Circuit Court of Appeals, then the Supreme Court of the United States decided to take the case. The ruling was rather bizarre as the justices ruled against Prop 8 on the grounds that those defending it had not suffered harm or injury. This meant that the judge´s ruling would stand. More bizarrely was how the court ruled, three of the four liberal justices as well as conservatives Roberts and Scalia ruled against Prop 8, whilst moderate Kennedy and liberal Sotomayor ruled in favour! The big surprises are Sotomayor and Scalia, considering how they normally rule in the opposite direction. The decision effectively doubles the total population of US states that have legal same-sex marriage.
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