Prop 8 Victory, from AFER

Prop 8 Victory, from AFER

The much anticipated Supreme Court rulings on DOMA and Prop 8 were announced this morning. Here’s a quick summary, from SCOTUS Blog. this summary. (emphasis added)

Defense of Marriage Act:

5-4 per Kennedy. …

Roberts dissents. Scalia dissents. Equal protection. …

Scalia is joined by Thomas, Chief joins in part. …

DOMA is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment. …

“˜The opinion and its holding are confined to those lawful marriages.’ …
It relies in part on federalism principles. …

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. …

What this means … is that same-sex couples who are legally married will be entitled to equal treatment under federal law ““ with regard to, for example, income taxes and Social Security benefits.

On Proposition 8, from the American Foundation for Equal Rights:

VICTORY!

Proposition 8 Is UNCONSTITUTIONAL For Good: Marriage Equality Returns to California

U.S. Supreme Court Lets Stand Landmark Federal District Court Ruling That Struck Down Prop. 8

From Kevin Russell and Amy Howe at SCOTUS Blog:

… Windsor does not establish a constitutional right to same sex marriage. It was important to the outcome that the couple in the case was legally married under state law. The equal protection violation arose from Congress’s disrespecting that decision by New York to allow the marriage.

The line up is 5-4: Kennedy dissents, joined by Thomas, Alito, and Sotomayor. …

The decision of the Ninth Circuit is vacated and remanded. …

From the opinion: 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 jurisdiction 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. …

More on both rulings later. The fight for marriage equality isn’t over. Everyone knows that. But today is huge, and it’s time to do some celebrating.