By WND.com. The U.S. Supreme Court today struck down the federal Defense of Marriage Act as a violation of the constitutional provision for equal protection.
It was one of two major marriage decisions. The court dismissed the second case, California’s Proposition 8, deciding that the citizens who appealed the California Supreme Court’s decision to strike down the law protecting traditional marriage did not have “standing.”
The DOMA dispute was triggered by a lesbian whose same-sex partner died and left her an estate. The lesbian sued because she was assessed taxes on her inheritance while the survivor of a married spouse would be exempt.
The opinion said marriage laws long have been determined by states, but DOMA rejected that concept.
President Obama had refused to defend DOMA, which was signed by President Bill Clinton in 1996. The provision simply said that for federal purposes, such as benefits, marriage is limited to a man and a woman. Read more from this story HERE.
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Prop 8 General Counsel Announces that Supremes Did Not Rule Against Prop 8
By Andy Pugno. Just moments ago, the U.S. Supreme Court announced its decision in the Proposition 8 case.
It is widely being mis-reported that the Court ruled against Prop 8. IT DID NOT!
Rather, the Court said it could not reach a decision because California government officials refused to defend the law. So it did not rule on Prop 8’s validity.
In doing so, the Court also nullified the Ninth Circuit’s ruling against Prop 8, which is a great victory in itself!
So, the voter-passed Constitutional Amendment to protect man-woman marriage remains the law of the land in California, because only an appellate court can strike down a voter proposition statewide.
But it remains to be seen what California officials will do now.
Right now we are heading down the steps of the Supreme Court building to a long bank of TV cameras and reporters, to deliver this statement:
“We are pleased that the Supreme Court has reversed the Ninth Circuit Court of Appeals’ misguided decision that sought to invalidate Proposition 8. For the more than seven million Californians who have seen their vote stripped away from them, little by little, over the course of five years, that decision is gratifying.
“While it is unfortunate that the Court’s ruling does not directly resolve questions about the scope of the trial court’s order against Prop 8, we will continue to defend Prop 8 and seek its enforcement until such time as there is a binding statewide order that renders Prop 8 unenforceable.
“We are also especially grateful and humbled by the consistent prayers and support of traditional marriage supporters everywhere throughout this long and difficult case.”
