SCOTUS Overturns Ban on Same-Sex Marriage

Andy Chalk

One Flag, One Fleet, One Cat
Nov 12, 2002
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SCOTUS Overturns Ban on Same-Sex Marriage

[tweet t=https://twitter.com/BarackObama/status/349894675253051393]​
The Supreme Court of the United States has ruled that the Defense of Marriage Act, which refused to recognize marriage between same-sex couples, is unconstitutional.

In a 5-4 vote this morning, the U.S. Supreme Court declared that the Defense of Marriage Act, better known as DOMA, is unconstitutional. Signed into law in 1996 by President Bill Clinton, DOMA prevented same-sex couples whose marriage was legally recognized in their home states from receiving federal benefits like Social Security. The Justice Department of the Obama Administration had stopped defending DOMA in 2011 after concluding that it was unconstitutional, leading House Republicans to take up the law's defense.

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

Justices Kennedy, Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan were in the majority, while dissent came from Chief Justice John Roberts and Justices Antonin Scalia, Samuel Alito and Clarence Thomas.

Striking down DOMA will have a wide-ranging impact, as it affects roughly 1100 federal laws relating to veterans benefits, medical leave and taxes. It's also the strongest signal yet of a growing willingness to recognize and accept equal marriage rights for all people at the highest levels of the legislature and judiciary.

In the same session, the Court ruled 5-4 that the defendants in the case of California's "Proposition 8," which banned same-sex marriage but was later overturned as unconstitutional by the United States District Court, did not have standing in the court and thus dismissed it, effectively bringing same-sex marriage back to the state.

The full text of the Supreme Court's ruling on the Defense of Marriage Act is available in PDF format at supremecourt.gov [http://www.supremecourt.gov/opinions/12pdf/12-307_g2bh.pdf].

Sources: Huffington Post [http://www.cbsnews.com/8301-250_162-57591089/supreme-court-strikes-down-doma/]


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Dec 14, 2009
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Good job America.

Now you can join the rest of the First World :D

I still can't quite grasp how this is even an issue, do people really have nothing better to do than concern themselves about which gender other people find attractive?
 

Robby Foxfur

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Sep 1, 2009
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Well i think i just scared my co workers lol that what i get for shouting at work. Read this and just exploded with joy.
Holy crap what comes next? this is just huge and by huge I mean I'm almost at a loss for words.
 

masticina

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Jan 19, 2011
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Yeah it was kinda a stupid law..

And no this won't cause every state to automatically support gay marriage. That is a battle still to come!

BUT one of the big guns that stopped gay marriage is now silenced. So states can't point to DOMA anymore.
 

CriticalMiss

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Jan 18, 2013
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Daystar Clarion said:
Good job America.

Now you can join the rest of the First World :D

I still can't quite grasp how this is even an issue, do people really have nothing better to do than concern themselves about which gender other people find attractive?
It's an issue because people in power still have imaginary friends that hate lots of things, same-sex marriage included.

I guess this puts the USA one step closer to civilisation :p
 

StriderShinryu

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Dec 8, 2009
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Exdellent news. Hopefully this is just the start of all of this silliness being put to an end.

Capcha: be mine
No thanks, capcha, but I appreciate the sentiment given the news.
 

Teoes

Poof, poof, sparkles!
Jun 1, 2010
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Daystar Clarion said:
I still can't quite grasp how this is even an issue, do people really have nothing better to do than concern themselves about which gender other people find attractive?
It's not so much who finds whom attractive, more those people desiring to enter into a legally-recognised, loving, faithful, monogamous, long-term relationship and/or what they then do behind closed doors in the privacy of their own homes. I mean, isn't anyone thinking of the children these days?!

OT: Fantastic news!
 

TiberiusEsuriens

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Jun 24, 2010
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Unfortunately, they also gutted the Voter Rights Act, so states can be racist with far less difficulty.

Captcha: face the music
There will always be bigotry in the US.
 

kenu12345

Seeker of Ancient Knowledge
Aug 3, 2011
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Oh yay. I'm always glad to see things like this. Another step forward.
 

Glaice

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Mar 18, 2013
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This is a great move indeed by SCOTUS, all we need is the remaining states in the US to allow gay marriage.
 

Thaluikhain

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Jan 16, 2010
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Daystar Clarion said:
Good job America.

Now you can join the rest of the First World :D
Er, while the US's stance on gay marriage has been rather deplorable, that's not to say the rest of the First World has always been much better.
 

WanderingFool

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Apr 9, 2009
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Daystar Clarion said:
Good job America.

Now you can join the rest of the First World :D

I still can't quite grasp how this is even an issue, do people really have nothing better to do than concern themselves about which gender other people find attractive?
I believe its largely a religous issue, seeing as much of the US is large Christian, and despite something along the lines of "Seperation of Church and State" being uttered at some point, the church still has quite a bit of sway with the state.
 

AkaDad

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Jun 4, 2011
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Excellent. The irony is that the people who support a ban on same-sex marriage always talk about freedom and how government intrusion into peoples lives is a bad thing.

The four justices that dissented should be impeached for not understanding the definition of "equal protection under the law."
 

the doom cannon

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Jun 28, 2012
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[quote="Daystar Clarion" post="7.820039.19782914"
I still can't quite grasp how this is even an issue, do people really have nothing better to do than concern themselves about which gender other people find attractive?[/quote]
It's because something like 70% of the US population is Christian with old beliefs. This wiki article has a breakdown from 2007/8, take that as you will. http://en.wikipedia.org/wiki/Demographics_of_the_United_States.
 

Baresark

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Dec 19, 2010
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Daystar Clarion said:
Good job America.

Now you can join the rest of the First World :D

I still can't quite grasp how this is even an issue, do people really have nothing better to do than concern themselves about which gender other people find attractive?
This is a bit inaccurate. There are plenty of other first world countries that still deny it or it's still debated in. The richest member of the EU (Germany) is an example of this. Don't get me wrong, I'm so fuckin' glad America finally did something about this. Realistically, it should have never been denied or allowed according to the law because it's a personal matter that does not involve the government, but I also recognize that there is more than just religious nuts that are against this. Now maybe the country can get back to fixing things that affect everyone, not just a minority of the population. But any human rights violation that is squashed is a win for everyone.