Wednesday, June 26, 2013

DOMA and Prop 8 fall

This is a note to myself as much as anything. There is no breaking news here. Everyone that cases already knows that DOMA and Proposition 8 were essentially overturned by the Supreme Court.

Proposition 8 was sent back to a lower court due to lack of standing. I believe this will allow the lower court's findings to stand. I don't think there will be any more cases, but since I am far from a legal expert, I don't know for sure.

On the other hand, section 3 of the Defense of Marriage Act was ruled unconstitutional. It is gone, never to return again. Unfortunately that doesn't mean everyone can marry, it means that if your state allows you to marry the Federal Government will have to recognize the marriage too.

There are still many questions to be answered, like what happens if you are married and nice to a state that doesn't allow same-sex marriage? I suspect there is another Supreme Court challenge in the making.

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