DOMA Has Fallen

As expected, the Supreme Court has handed the decision over California’s Prop 8 back to the lower courts (all of which held that it was Unconstitutional). Now gay marriage will resume in CA. What SCOTUS didn’t do, as many gay liberals had hoped they would, was declare all gay marriage laws Unconstitutional, throwing the doors wide open for gay marriage everywhere, regardless of state laws and in violation of state’s rights.

What they DID do, however, was strike down DOMA. That is a consolation we can definitely live with.

What does that mean? It means that the federal government cannot legally deny benefits to same-sex couples married in states where gay marriage is legal. It also means that states where gay marriage is banned cannot continue to deny the benefits of married couples to those same-sex families. SCOTUS declared DOMA to be a violation of both equal treatment/due process (Fifth Amendment) and the Full Faith and Credit Clause (Article IV, Section I of the Constitution). In short, the federal government cannot pass a law that singles out gay couples to be denied certain benefits, and the states must honor any contract made in another state – which, in this case, would be gay marriage.

Now I’m just waiting for the Full Faith and Credit Clause to be applied to my paramedic license and my CCW. But that’s another issue.

The fact that SCOTUS didn’t hand down a ruling that immediately legalizes gay marriage in every corner of the Republic is not something to get upset about. They did what they were supposed to do – they interpreted the laws being challenged under the scope of the Constitution and ruled accordingly. They left the state issue to the state in question and handled the federal issue before them. DOMA is no more. That is something to celebrate.

I think I might actually take my nose out of my books for once and go out this weekend.

What it means for Equal Marriage Arizona is that the movement goes forward with efforts to bring marriage equality to Arizona. Having already taken the wind out of Cathy Herrod’s sails, Equal Marriage Arizona happily released to the public their intent to immediately begin collecting signatures to put the measure on the ballot next year. Warren Meyer said, “The US Supreme Court said today that the states can decide this issue for themselves, and this legitimizes our Equal Marriage Arizona efforts, allows Arizona voters the chance to guarantee the freedom to marry and guarantee religious freedoms. We’re confident the Arizona voters are ready to say YES to both of these interrelated freedoms.”

Erin Ogletree Simpson continued the sentiment: “Petitions will be printed today and our volunteer efforts will start tomorrow. People can get a petition by calling us at 480-625-8620. Whether you’re straight or gay, conservative like I am, or liberal this is an effort we all can embrace – an effort for guaranteed freedom to marry and a guarantee for religious freedom. The Supreme Court said it’s up to us, so now it’s up to all of us.”

If you’re in Arizona, it’s time to start work. Everywhere else…smile!

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2 thoughts on “DOMA Has Fallen

  1. Great post, Mel.You are exactly right about now being the time to go to work if, as you and I are, anyone else out there is for marriage equality in every state. Good luck with your efforts on the Arizona ballot initiative. This Goldwater conservative from OH is rooting for you and Erin.

  2. Last night I joined Equal Marriage Arizona. Thanks for the heads-up on this…I had somehow missed it before. I was on another break from the news, as sometimes it just gets to be more than I can stand.

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