DOMA has been struck down!
The federal government must recognize our marriages
5-4: DOMA is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment. Pg 20 There is a "careful consideration" standard: In determining whether a law is motivated by improper animus or purpose, discriminations of an unusual character especially require careful consideration. DOMA cannot survive under these principles. Bottom of pages 25-26: The 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. By seeking to displace this protection and treating those persons as living in marriages less respected than others. Read/download the opinion.
Propostition 8 has been dismissed on standing!
Marriage Equality returns to California!
5-4: The decision of the Ninth Circuit is vacated and remanded. "We have never before upheld the standing of a private party to defend the constitutionality of a state statute when state officials have chosen not to. We decline to do so for the first time here." "The Ninth Circuit was without jurisdiciton to consider the appeal. The judgment of the Ninth Circuit is vacated, and the case is remanded with instructions to dismiss the appeal for lack of jurisdiction." Read/download the opinion in Hollingsworth v. Perry.
Background to the DOMA and Prop 8 cases at the Supreme Court of the United States:
On 7 December 2012 it was announced that the Proposition 8 case, Hollingsworth v. Perry, and the DOMA case, United States v.Windsor, had been selected to be heard by the Supreme Court of the United States (SCOTUS). (Justices to Hear Two Challenges on Gay Marriage, NY Times) Oral argument in Hollingsworth v. Perry took place on 26 March 2013 and oral argument in United States v.Windsor took place on 27 March 2013.
PROPOSITION 8 CASE, HOLLINGSWORTH V. PERRY
ORAL ARGUMENT HEARD MARCH 26, 2013
DEFENSE OF MARRIAGE CASE, UNITED STATES V. WINDSOR
ORAL ARGUMENT HEARD MARCH 27, 2013