Supreme Court ruling on DOMA and Prop 8

Today the US Supreme Court sided favorably on two key rulings that has had the entire LGBT community waiting with baited breath; The Defense of Marriage Act (DOMA) and California’s Proposition 8.

DOMA was ruled unconstitutional because it was deemed that it unfairly deprived of the equal liberty of persons  and violated their Fifth Amendment rights. The ruling said, “DOMA singles out a class of persons deemed by a State entitled to recognition and protection to enhance their own liberty.”

Page 20 of the opinion said: “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.

What this means: same-sex couples who are legally married will be entitled to equal treatment under federal law– with regard to, for example, income taxes and Social Security benefits.

California’s Proposition 8 The US Supreme Court ruled that plaintiffs lack standing and same-sex marriage is declared legalize in California.

From the majority opinion: We have never before upheld the standing of a private party to defend the constitutionality of a state statute when state officials have chosen not to. We decline to do so for the first time here.

What this means: Same sex marriage is now legal in the most populous state in the USA.