Victory! Supreme Court Rules on Same-Sex Marriage


Donald B. Verrilli Jr., Charles J. Cooper, Theodore Olsen, David Boies,Wednesday, June 26th is the final day of the Supreme Court’s current session.  Today they will rule on same-sex marriage.

They agreed to hear two cases.  The ‘Defense of Marriage Act,’ which categorically states that marriage may only be between a man and a woman has implications on equal treatment in the work place, social security benefits, and may be the case of primary importance to millions in the LGBT community.

The other case is California’s proposition eight.  No one ever knows what the Court will decide, especially because of its political separation.  Presently conservatives hold a five to four edge.  “Prop 8” says that marriage is only legal between a man and a woman.

Polls show that most Californians who voted for its original passage, would not vote for it now.  An appeals court rescinded the law, and it was sent up to the Supreme Court.  Most in the legal community believe one of two decisions will be handed down.  They could uphold the decision of the lower court, or they could decide to do virtually nothing, in which case the lower court’s decision would stand, reverting to the state’s law which previously allowed same-sex marriage.

The decision is expected Wednesday morning before noon.

The DOMA is being challenged because it prevents ‘equal protection under the law,’ and is in violation of the Constitution.

Speculation is rampant.  To many legal scholars the DOMA should be struck down, but the Court survives on mystery, and, all too frequently, prejudicial decisions.

Although the Supreme Court was intended to be a non-partisan body, as with the rest of Washington, its decisions are all too often politically biased.

(Just after 7a.m., PDT, the Court declared sections of the 1996 DOMA unconstitutional.  A huge victory for the LGBT community.)

The decision was 5-4

James Turnage

The Guardian Express

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