LGBT News DOMA Declared Unconstitutional: Supreme Court Ruling

Hi everybody,

As today is the last scheduled day that the US Supreme Court will reportedly issue decisions on pending cases, it's widely expected that an announcement will be made regarding the Defense of Marriage Act case.

This thread has been created for any discussions regarding the case and any decision that is made by the court.

http://www.scotusblog.com/
Live blogging will begin from SCOTUS blog from 9am EST. I'm not sure what that translates to in other timezones, but for my fellow Brits that is 2pm.

A seperate discussion/reaction thread is available for the Prop 8 case here: http://emptyclosets.com/forum/curre...t-news/99005-prop-8-supreme-court-ruling.html

Anyways, fingers crossed.

 

Re: DOMA: Supreme Court Ruling

one thing to keep in mind with ruling is that there is a good chance that we will end up getting a split decision with several opinions.

 

Re: DOMA: Supreme Court Ruling

in case anyone isn't able to read SCOTUSblog i'll be posting key comments from there to these threads.

---------- Post added 26th Jun 2013 at 08:50 AM ----------

one more thing to remember is that the court will decide Sekhar v. United States either before or between the prop 8 and doma cases.

---------- Post added 26th Jun 2013 at 08:55 AM ----------

court opens in five minutes

---------- Post added 26th Jun 2013 at 09:00 AM ----------

DOMA ruling is in

 

Re: DOMA: Supreme Court Ruling

Amy Howe:
5-4 per Kennedy

---------- Post added 26th Jun 2013 at 09:02 AM ----------

doma struck down

 

Re: DOMA: Supreme Court Ruling

Equal protection not federalism

---------- Post added 26th Jun 2013 at 09:03 AM ----------

Amy Howe:
DOMA is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment.

---------- Post added 26th Jun 2013 at 09:03 AM ----------

Amy Howe:
"DOMA singles out a class of persons deemed by a State entitled ot recognition and protection to enhance their own liberty."

---------- Post added 26th Jun 2013 at 09:03 AM ----------

Amy Howe:
The opinion and its holding are confined to those lawful marriages.

---------- Post added 26th Jun 2013 at 09:04 AM ----------

Amy Howe:
It relies in part on federalism principles.

 

Re: DOMA: Supreme Court Ruling

Kali:
Here is the link to the opinion: http://www.supremecourt.gov/opinions/12pdf/12-307_g2bh.pdf

---------- Post added 26th Jun 2013 at 09:05 AM ----------

Amy Howe:
There is a "careful consideration" standard: In determining whether a law is motivated by improper animus or purpose, discriminations of an unusual character especially require careful consideration. DOMA cannot survive under these principles.

 

Re: DOMA: Supreme Court Ruling

i'm not exactly sure what it means i'll wait until it's expalined later in the day (sorry for the spelling)

 

Re: DOMA: Supreme Court Ruling

Amy Howe:
Bottom of 25-26: The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and injure those whom the State, by its marriage laws, sought to protect in personhood and dignity. By seeking to displace this protection and treating those persons as living in marriages less respected than others.

An aside: This is vintage Kennedy.

---------- Post added 26th Jun 2013 at 09:09 AM ----------

Scalia thomas roborts and alito were opposed

---------- Post added 26th Jun 2013 at 09:09 AM ----------

Amy Howe:
The Chief agrees with Scalia that there is no jurisdiction.

---------- Post added 26th Jun 2013 at 09:10 AM ----------

Amy Howe:
Justice Scalia is reading from his dissent right now. The Court's opinion both in explaining its jurisdiction and its decision "both spring from the same diseased root: an exalted notion of the role of this court in American democratic society."

---------- Post added 26th Jun 2013 at 09:11 AM ----------

Amy Howe:
The Alito dissent: "Whether the [BLAG] has standing to address the petition is a much more difficult question."

There is language suggesting that the Court will dismiss Prop 8 on standing.