The US Supreme Court has issued its decisions for the two cases challenging the constitutionality of California’s Proposition 8 amendment and the federal Defense of Marriage Act (DOMA).
DOMA
In the first case, the Court found that section 3 of DOMA, which defines marriage as between one man and one woman, was unconstitutional and violated “equal protection principles applicable to the federal government.”
Whilst the decision does not introduce same sex ‘marriages’ in the US, it does oblige the federal government to recognise same sex ‘marriages’ should they be introduced by individual states.
The ruling is limited to providing homosexual couples with federal benefits and does not require a same sex ‘marriage’ conducted in one state to be recognised by the other.
DOMA was signed into federal law by President Clinton in 1996.
Proposition 8
In relation to the second case, the Court refused to issue a ruling on whether or not it considered Proposition 8 to be constitutional.
Proposition 8 is a state constitutional amendment stating that “only marriage between a man and a woman is valid or recognized in California.”
The measure was put in place following a popular vote in the 2008 state elections following a California Supreme Court ruling in favour of same-sex unions.
In 2010, a district court ruled that Proposition 8 was unconstitutional, and the Obama administration subsequently refused to defend the measure in court.
This left the decision to be appealed by “Protect Marriage”, a coalition of Californian families, religious leaders, pro-family organisations and individuals who sponsored the Proposition 8 amendment.
In this week’s hearing, the Supreme Court said that Protect Marriage did not have the legal standing to appeal the decision of the district court on the issue.
This effectively allows same sex ‘marriages’ to resume in California.
Good reason
Commenting on the outcome, Alliance Defending Freedom said: “Congress and President Clinton had good reason for protecting and affirming marriage through DOMA in 1996. While this decision is unfortunate, it will not end the national debate over marriage.
“In fact, the legal battles over the definition of marriage have provided the perfect opportunity to reintroduce the American people to the goodness and value of marriage.
“Once the people examine all dimensions of the debate, and why marriage is important, we’re confident America will return to a strong and healthy marriage culture, recognizing that marriage is the institution upon which a healthy and thriving society is built.”
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