News & Politics

DOMA Down, Prop8 With It

[We’ll update with Prop8 opinion as it comes in. Just did.]

Okay folks: The Defense of Marriage Act has been found unconstitutional, says the Supreme Court in a 5-4 opinion written by Justice Kennedy and joined by Ginsburg, Breyer, Sotomayor, and Kagan.

Kennedy, writing in the majority:

The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and injure those whom the State, by its marriage laws, sought to protect in personhood and dignity. By seeking to displace this protection and treating those persons as living in marriages less respected than others.

And Prop8 goes down, but in the more narrow of the possible ways it could have: the petitioners (i.e. those attempting to defend it, notably not the State of CA) didn’t have standing to appeal the district court order. In the words of the majority opinion:

We have never before upheld the standing of a private party to defend the constitutionality of a state statute when state officials have chosen not to. We decline to do so for the first time here.

SCOTUS2

More places to go for further details:

What are you thinking/feeling? What are you telling your kids? Are you going to the rally in your town?

 

[PHOTO: POLLY PAGENHART mod. of SCOTUS stock photo]

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