In Hollingsworth v. Perry, the Supreme Court held
that Dennis Hollingsworth, the head of ProtectMarriage.com, did not have the
authority to appeal a district court decision striking down California’s
Proposition 8. Proposition 8, passed in 2008, stripped thousands of same-sex
couples of the right to marry the person they love. Though today’s decision
poses a number of questions, it appears that the district court’s order
prohibiting the state from enforcing Proposition 8 will stand. This means that
marriage equality will once again return to California.
In United States v. Windsor, the Court struck down
Section 3 of the Defense of Marriage Act, or DOMA, which for nearly two decades
discriminated against legally married same-sex couples in more than 1,000 federal
benefits and protections. Now that DOMA is no longer on the books, the Obama
administration can begin to extend those benefits and protections to married
same-sex couples, ensuring that all families are treated equally under federal
law.
Today’s rulings affirm that all loving and committed
couples who marry deserve equal respect and treatment under the law. They also
affirm that fundamental freedoms such as the freedom to marry should never be
stripped away by popular vote. In short, today represents an enormous win for
same-sex couples and for equal justice under the law.
The Court ruled that the district court’s decision
finding Proposition 8 unconstitutional
stands, returning marriage to California
In May 2008 tens of thousands of same-sex couples were
granted the freedom to marry when the California Supreme Court ruled that
denying those couples the recognition of marriage violated the equal protection
clause of the California Constitution. Six months later, however, 52 percent of
California voters overruled that decision when they enshrined discrimination
into the state’s constitution by passing Proposition 8, which defines marriage
as the union between one man and one woman. In doing so, voters effectively
stripped gay and lesbian Californians of their ability to marry the person they
love.
In today’s ruling in Hollingsworth v. Perry, the
Supreme Court held that the private parties supporting the law had no standing
to appeal a federal district judge’s opinion holding that Proposition 8
violates the Constitution’s equal protection clause. Because this decision
reflects principles of standing, rather than equal protection or substantive
rights, the Court did not reach the merits of the case in its decision. This
raises a number of questions regarding implementation and the future of laws
similar to Proposition 8, but it also likely means that marriage equality will
be restored in the Golden State. With the inclusion of California, there are
now 13 states and the District of Columbia that recognize the freedom to marry.
Ninety-three million Americans—about one-third of
the U.S. population—now live in a jurisdiction with the freedom to marry.
Things have changed in California since Proposition
8 was first passed. While 52 percent of California voters enacted Proposition 8
in 2008, support for marriage equality in the Golden State now outstrips
opposition by a 2-to-1 margin; a recent poll found that 61 percent of
Californians think gay and lesbian couples should be afforded marital rights,
while only 32 percent are opposed. This means that in just five years,
opposition to marriage equality in California has gone down 20 percent.
Nationwide, the movement for marriage equality is
undeniable. The most recent ABC News/Washington Post poll found that among all
adult Americans, 57 percent support extending the rights and responsibilities
of marriage to same-sex couples. That majority will only grow, considering the
fact that 81 percent of Americans ages 18 to 34 support the freedom to marry.
For this reason, we will likely see a significant
push for marriage equality in Illinois, Oregon, Nevada, Hawaii, New Jersey, and
perhaps other states in 2014.
The Court ruled that Section 3 of DOMA is
unconstitutional, ending discrimination against legally married same-sex couples
Today the Supreme Court also held that Section 3 of
DOMA is unconstitutional, as a deprivation of equal protection under the law.
The majority of justices recognized that DOMA’s sole purpose and effect are to
impose a separate and disadvantaged status on couples entering into same-sex
marriages, and that the resulting injury and indignity is impermissible under
the Fifth Amendment of the Constitution.
Section 3 of DOMA has discriminated against legally
married same-sex couples by denying them the more than 1,000 federal benefits
and protections afforded to married opposite-sex couples. Among these critical
benefits and protections are:
-Exemption from taxes on employer-provided health
insurance
-Family and medical leave when a spouse becomes sick
-Family-based immigration sponsorship
-Federal-employee spousal retirement and health
benefits
-Health insurance coverage and survivor benefits for
spouses of service members and veterans
When Congress first passed DOMA in 1996, no state
recognized the freedom to marry. Prior to today’s ruling, 12 states and the
District of Columbia recognized marriage between same-sex couples. But even
though same-sex couples could marry in those jurisdictions, they were denied
many federal benefits and protections critical to supporting families as a
result of DOMA.
DOMA’s two-tiered system of federal marriage
recognition was a radical departure from the way in which our country has
always treated marriages. It forced the government to pick and choose among
marriages and discriminate against families headed by same-sex couples. With
Section 3 of DOMA no longer the law of the land, that discrimination will end,
and legally married same-sex couples and their families will have more equal
access to the federal benefits and protections of marriage. Those benefits and
protections will also mean enhanced economic security for these families, which
is especially important since families headed by same-sex couples are twice as
likely to be living in poverty compared to families headed by opposite-sex
couples.
The Obama administration—a longtime opponent of
DOMA—can and should take the appropriate administrative action to ensure those
benefits and protections are extended as swiftly and as broadly as possible.
Congress must also pass and the president must sign the Respect for Marriage
Act, which would fully repeal DOMA, including the other harmful provisions that
remain law to the detriment of families headed by same-sex couples.
Conclusion
The momentum for equality is unstoppable. As we’ve
seen in the states with marriage equality laws on the books, allowing loving
and committed same-sex couples to enjoy the benefits and obligations of
marriage does not hurt families. To the contrary, it makes our families
stronger, which makes our communities, our states, and our nation stronger.
Today’s rulings are a step toward a stronger and more just society.
About the authors: Andrew Cray is a Policy Analyst
for LGBT Progress at the Center for American Progress. Crosby Burns was
formerly a Policy Analyst at the Center.
This article was
published by the Center for American Progress.
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