In striking down DOMA, Supreme Court does the right thing

Right_Delayed

by John Zangas

SCOTUS did the right thing today when it struck down DOMA, finding it unconstitutional. The decision gives citizens like plaintiff Edith Windsor equal access under the law. After all, she is a tax-paying American and should have full the privileges and benefits which are bestowed on others.

Other countries such as France and Spain already recognize marriage rights for gays. There are 11 countries that recognize gay marriage. People will look back on it decades from now and wonder what took us so long for us Americans to change the law.

The SCOTUS decision in effect recognizes the LGBT community as a class. It is an evolutionary decision in the history of our country. Still, I find it strange that any Justice would dissent from the overall decision.

SCOTUS also punted on Prop 8–they found that the plaintiffs had “no standing” and declined to rule on the larger issue of gay marriage as a right. That means the right to marry has been restored in California, but other states don’t have to recognize gay marriages.

Every state should follow suit in allowing gay marriage, because it is the inevitable conclusion to a protracted struggle for gay rights. LGBT activists will be unable to retreat from the marriage issue, until this last momentous task is complete.

Fortunately, the mountain to climb to equal rights in marriage may not be as hard to ascend as it used to be. The Department of Defense, one of the most conservative power structures in our society, has already moved in the right direction by removing Don’t Ask Don’t Tell (DADT) from its regulations, thus allowing gays to come out of hiding. They also recognize gay married couples for benefits, and most recently, endorsed open Pride festivities.

Overall, I see the Supreme Court’s decisions as a huge step forward for the LGBT community. I feel a sense of relief for all of my gay activist friends who fought for years for this decision. Now other branches of the government should finish the work of implementing the rights of everyone.

Cool Photo of the Day

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A light projection onto the Supreme Court Building. This week the Court hears arguments on potentially landmark cases involving same-sex marriage.

Gay or straight, a historic Supreme Court moment

On March 26 and 27, the Supreme Court hears arguments on cases banning same-sex marriage. The hearings have become a flashpoint for opposing social movements, whose members clashed outside the Court this morning in a highly charged atmosphere. John Zangas of DC Media Group live-tweeted the events.

View the story “Gay or straight, a historic Supreme Court moment” on Storify

Supreme Court marriage hearings draw thousands willing to brave Washington’s soggy snow

Both supporters and opponents of same-sex marriage are arriving in Washington because of two Supreme Court hearings this week on the controversial issue.

The District, however, didn’t greet visitors with beautiful spring cherry blossoms. Instead, Supreme Court watchers got here just in time for the first snow accumulation in two years.

Shivering and soggy at the base of the Supreme Court’s steps, they nonetheless queued up for tickets to hearings challenging Prop 8, a ballot initiative passed in California, and the Defense of Marriage Act (DOMA), a federal law.

Several, mostly opponents of Prop 8 and DOMA, are still keeping vigil Monday night in a cold rain. Tents line the sidewalk along 1st Street.

Thousands are expected by Tuesday morning to advocate for their position on gay marriage. For proponents of marriage equality, banishing the Defense of Marriage Act would mean that couples legally married in states permitting same-sex marriage would receive a myriad of federal benefits now denied to them. They also hope that the Court will uphold a federal circuit court’s ruling that Prop 8 is unconstitutional.

DSC_0017Supporters of Prop 8 hope that it will be reinstated and DOMA remains intact, which would keep barriers to same-sex marriage high and establish legal precedent against it.

Whether the Court decides to apply the equal protection clause could determine the extent to which the cases are far-reaching in scope.

They face hurdles of “standing” in the Court. The cases are unusual in that both the state of California (in the case of Prop 8) and the Obama administration (in the case of DOMA) declined to defend the statutes. It may be unprecedented that members of the Congressional House–and not the Department of Justice–will attempt to defend a federal law at the Supreme Court.

The Court will most likely not hand down rulings on the cases until late June.