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Supreme Court Decides to Gay it Up

12/7/2012

4 Comments

 
Big news: the Supreme Court just agreed to take on two BIG gay rights cases this term:

Case #1 involves the so-called "Defense of Marriage" Act (or DOMA), which is the federal law that says that even if your state allows gays to marry, married gays don't get federal benefits like Social Security or the ability to file joint tax returns.  This case isn't about whether states have to legalize gay marriage--it's about whether if a state recognizes a gay marriage, the federal government has to play along. 

Case #2 comes out of California (see my previous post explaining gay marriage in California for background).  It deals with Prop 8, the ballot initiative whereby those lily-livered California liberals voted to amend their state constitution to take away same-sex couples' right to marry.  In this case, the Supremes could hand down many possible rulings, some of which would affect only California, some of which would affect the whole country, and some of which would kick issues back down to the lower courts.

Neither of these cases necessarily has national implications for gay marriage (though they could--#2 especially), but they are still both Very Big Deals, particularly if you share my belief that gay rights isn't "just another issue." 

I'll wrap it up here and write more later, as this all develops.  Here are some links to media coverage of the issue:
  • NPR
  • New York Times
  • San Francisco Chronicle
  • Washington Post
  • ScotusBlog (non-lawyers: read at your own risk)
  • FOX News
  • Wall Street Journal

What do you think about the Court's decision, dear readers?  Are you optimistic?


4 Comments
Zel Anders link
12/7/2012 06:57:13 am

We are thrilled by the decision and hope and believe that these cases will move LGBT rights in the US ahead greatly.

This is a day to celebrate!

Reply
Eliot link
12/8/2012 02:02:15 am

I am optimistic. Legally, I don't see how they could vote against us. However, even if it doesn't go our way, all that means is that things will remain as they are. Things won't get worse. In that case, I believe both DOMA and Prop 8 will eventually be reversed through legislative or other means. It would just take much longer that way.

Reply
Tammy
12/8/2012 02:28:38 am

Lily livered CA liberals voted against us?

Reply
Caughtinyoureyes
12/9/2012 07:56:14 am

I(we) are particularly interested in these cases as my wife is a veteran with 22 years served from Vietnam to Desert Storm. I cannot get on her federal benefits, nor would I be able to receive her retirement as mixed sex couples can. She tried to put me on her dental and vision benefits and it was a no go.

However, I applied for a loan from USAA with her as a sponsor. The conversation sputtered a moment when the nice man asked me if we were "living together." I said that we were married. He asked the state. I told him that we had a civil union in NJ, and he said that we one of the states that was on his list! I could certainly have a low interest loan.

Now, we live in PA. It was reasonably easy to get hitched in NJ as it is close. I would rather have spent my lesbian dollars in PA, but we will be only one step ahead of the bible belt states. Still, what if you live in Podunk, North Dakota(no offense)? You would be treated differently than me, because you can't get a civil union. And it's not reasonably easy. That's discrimination.

I do believe it is only a matter of time....but some folks don't have a lot of time.

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