The Supreme Court voted Wednesday to allow same-sex marriages in the State of California. The court voted 5-4 in favor of leaving of leaving in place the initial declaration that the ban on same-sex marriage is unlawful and against the Constitution.
Today the Supreme Court is hearing two separate gay marriage cases. The cases discuss the Federal Defense of Marriage Act, defining marriage as “between one man and one woman.” It also talks about California’s Proposition 8, which also says no to gay marriage.
It’s a slow process, but the court is paving the way for recognition of same sex marriage, saying that those defending the ban cannot appeal to lower court rulings. Same-sex unions in California are slated to resume in around a month’s time
The Supreme court ruling states that same-sex unions should enjoy the same benefits as heterosexual couples in terms of taxation, pensions, and health care. Justice Anthony Kennedy wrote:
“Under DOMA, same-sex married couples have their lives burdened, by reason of government decree, in visible and public ways,” continuing: “DOMA’s principal effect is to identify a subset of state-sanctioned marriages and make them unequal.”.
The majority opinion said of the Defense of Marriage Act that it “violates basic due process and equal protection principles applicable to the Federal Government.”
Justice Scalia of the Supreme Court dissented holding that the court should not have made a ruling on the act, he wrote:
“By formally declaring anyone opposed to same-sex marriage an enemy of human decency, the majority arms well every challenger to a state law restricting marriage to its traditional definition.”
What do you think of the latest Supreme Court decision, paving the way for gay marriage? Do you think it is unconstitutional to ban same-sex marriage or do you think that men should marry women and women should marry men? Let’s hear your comments below.
