Same sex couples’ Supreme Court victory
June 26, 2013
The Supreme Court came out in favor of gay marriage by voting to overturn a key part of the Defense of Marriage Act and letting stand a lower court ruling overturning California’s Proposition 8. [ChicagoTribune]
“The principal purpose and the necessary effect of this law are to demean those persons who are in a lawful same-sex marriage,” Justice Anthony M. Kennedy wrote in a 5-4 decision on Defense of Marriage Act. “This requires the Court to hold, as it now does, that Defense of Marriage Act is unconstitutional as a deprivation of the liberty of the person protected by the Fifth Amendment of the Constitution.”
The Defense of Marriage Act defined marriage, for federal purposes, as a relationship between a man and a woman.
In addition, the court voted 5-4 that it did not have jurisdiction to hear the Prop 8 case, leaving in place a San Francisco federal district court ruling that overturned the law that banned same sex marriages.
“The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the state, by its marriage laws, sought to protect in personhood and dignity,” Kennedy wrote.