DOMA Ruled Unconstitutional – Do You Agree?

The Defense of Marriage Act is dead.

The Supreme Court ruled Wednesday that the federal act, which barred the federal government from recognizing the married status of gay couples (and thus denied those couples federal marriage benefits) was a violation of state rights and the fifth amendment rights of individuals.

"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,” wrote Justice Anthony Kennedy for the five-Justice majority. “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, Sonia Sotomayor and Elena Kagan and Stephen Breyer signed onto the majority opinion. Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas, and Samuel Alito all dissented.

The court also dismissed a case filed by supporters of California's Proposition 8, which banned same sex marriage in California. The court ruled that the petitioners did not have proper standing to defend the law in court. That decision was also narrowly cast, 5-4.

Earlier this year, New Hampshire had joined more than a dozen other states in two amicus briefs to the United States Supreme Court in opposition to DOMA and Prop 8 in order to defend the right to civil marriage for all couples, regardless of sexual orientation.

Gov. Maggie Hassan heralded the court's decision as a major advance in equal rights for gays:

“Today, the Supreme Court has affirmed the founding principle of the United States of America that all are created equal. Throughout our history, every time we have sought to include all people in the life of our democracy, we have grown stronger. Encouraging strong marriages for all loving couples strengthens families and communities.

“Now, for the first time, all married couples, no matter their gender, will receive the fair and equal treatment under the law that they so rightly deserve. This will make a real difference in the lives of New Hampshire families who have been denied federal benefits, forced to pay higher taxes, and treated as less than equal."

U.S. Sen. Jeanne Shaheen (D-NH) also issued a statement on the ruling:

“The Supreme Court’s actions this morning are a victory for the belief that all Americans are created equal. Today the court sided with freedom over discrimination and for a countless number of couples, the Court’s decision to strike down DOMA represents a historic step toward full and equal treatment under the law. This is a particularly great moment for many children of same-sex couples, including so many who I consider to be great friends; from this day forward these children will live in country that treats their parents as the equal citizens they are."

Congresswoman Carol Shea-Porter (D-NH) had this to say:

“Today, our country took a historic step forward. I was proud to add my name to an amicus brief in this landmark case on the unconstitutionality of DOMA, and I am elated that all married Americans will be entitled to equal treatment under the law.”

Congresswoman Annie Kuster (D-NH) issued this statement:

“Today’s Supreme Court decisions reaffirm a bedrock principle that New Hampshire has long recognized: every American deserves equal treatment under the law. By striking down the discriminatory DOMA and returning marriage equality to California, the high court has come down squarely on the side of justice and equality for all Americans. This is a major victory and an enormous step forward in the march toward equality for our country, but our journey will continue until all Americans are treated equally under the law, no matter who they love.”

New Hampshire Democratic Party Chair Ray Buckley released the following statement:

“Today's decision is extremely meaningful for the thousands of LGBT families across the state, from Hanover to Hampton and Pelham to Pittsburg. It is a decisive victory for American equality and justice for all.

"As a result of the Supreme Court's decision, more than 1,100 discriminatory federal laws will be no longer be in effect. New Hampshire's married LGBT citizens and their loved ones will be able to fully enjoy the protections and benefits the United States government has guaranteed to heterosexual couples for generations.

NHGOP Chairwoman Jennifer Horn had this to say:

"While our platform supports traditional marriage, we realize that there are good, well-intentioned people on both sides of this issue. Republicans respect the judicial process and are focused on promoting fiscally responsible policies that will benefit all families by cutting taxes, reducing government spending and creating jobs.”

What's your take on this issue and this decision? Share your thoughts in the comments below, or post a blog in the Local Voices section.