Wednesday, June 26, 2013

DOMA and Prop 8: Promising?

After months of anticipation, the United States Supreme Court has finally decided on DOMA and Prop 8 out of California. To be honest, I expected the Court to either throw out the cases altogether, or to side step a firm decision and push it back. With specific sections (3) of DOMA now ruled unconstitutional, same-sex families and couples can tap into governmental resources that were previously only alotted to different-sex couples. This includes: hospital and visitation rights (if you want to see the pain this caused before the DOMA decision, look up Bridegroom), tax credits and cuts for same sex couples and their children, funeral privileges, and literally HUNDREDS MORE. In the 5-4 decision it was stated by the Court that: "DOMA violates basic due process and equal protection principles applicable to the federal government. Under DOMA same-sex married couples have their lives burdened, by reason of government decree, in visible and public ways". Although this isn't a decision that screams "Gay marriage is legal everywhere with no restrictions", it is a step forward and in the right direction. Say two men are married with two children. One man (the 'breadwinner' if you will) dies. Now in a straight marriage, the spouse would be able to collect the other's pension in order to provide for themself and the children. Before the decision today, gay couples were denied this right. There is a lot of room for improvement, but this is HUGE. Finally, all couples (who can legally marry in their respective states) are equal under the law, which has been a guarantee of citizenship since the foundation of our country. It's about time a higher governmental institution sees this. Shortly after the DOMA decision was announced, the Prop 8 decision was announced as well. The litigants bringing the case to the Supreme Court were found to not have standing to sue, and the Court affirmed and remanded the lower court's decision, therefore making a state ban on same sex marriage unconstitutional. Essentially, CA gets marriage! 13 states so far, 37 to go. However, although this is a great day for Americans, please remember that just yesterday the USSC struck down very important pieces of the Voting Rights Act. Also remember that the DOMA decision was 5-4. ONE VOTE. Equality is needed for EVERYONE. Count this as a win, however keep the rights of others in your mind at all times!