Wednesday, June 26, 2013

A gay day at SCOTUS

As long anticipated, and as predicted here, SCOTUS struck down DOMA as unconstitutional and let stand the California Supreme Court's decision on Proposition 8 that found it in violation of equal rights.

So anyone who is legally married in 13 states or the District of Columbia, or any one of some 14 other countries, will now get the same federal rights and benefits as heterosexual married couples.

And marriage equality is now legal in California.   The court found that those private individuals bringing the appeal in defense of Prop8 did not have the standing to defend it when the government itself would not defend its own law.   Chief Justice Roberts wrote the majority opinion, saying that SCOTUS had never granted an appeal to individuals on cases that the state government would not defend.

The DOMA decision now sets up another obvious challenge.   Those federal employees who live in states where marriage is not legal can claim unequal treatment because they don't get the same benefits that otherwise similar employees do, who may have married in another state and moved to the state where it's not legal.  In other words, two similar employees, working side by side doing the same job -- and one, having married in another state where it is legal, may get benefits the other does not get.    So look for an eventual broader ruling.

Ralph

PS:   And let's not forget that DOMA also was not defended by the Department of Justice;  it was defended by House Republicans, spending over $1 million in taxpayers money for a fool's errand.

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