Politics & Government
Same-Sex Marriage is Legal in California Again
The Defense of Marriage Act, the same-sex marriage ban, is ruled unconstitutional.
By Jessica Mullins and Joan Dentler Β
The U.S. Supreme Courtβs Wednesday morning announcement that they wonβt make a standing on Californiaβs Prop 8, a voter-approvedΒ ban on same-sex marriage, has paved the way for same-sex marriage to resume in California.
The standing, which emphasizes that the Prop. 8Β case shouldnβt have been brought to the Supreme Court, means a lower-court decision ruling Prop 8 unconstitutional stands,Β according to NBC Bay Area.Β
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Newsom said he was celebrating the crowdsβ devotion to marriage equality.
βI want to thank you for celebrating this remarkable journey weβre still on,β Newsom said. βLike any journey, itβs not linear. Itβs complex and there are good and bay days, but itβs a worthy journey weβre on.β
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The Supreme Court also ruled that the federal Defense of Marriage Act (DOMA), which prevented gay marriages from being legally recognized by the federal government, is unconstitutional, according to theΒ Huffington Post.
Justice Anthony M. Kennedy wroteΒ the majority opinion in theΒ 5-4 decision, striking down DOMA on the grounds that it violates the Fifth Amendment, depriving a class of persons from their equal liberty. Chief Justice John G. Roberts Jr. was in the minority, as were Justices Antonin Scalia, Clarence Thomas and Samuel A. Alito Jr.
βThe 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,β Justice Kennedy wrote.Β
βBy 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.β
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