DOMA IS UNCONSTITUTIONAL 5-4 !!!! Prop 8 vacated due to lack of standing!!!! Also, 5-4.

[pnwmom]

Last edited Wed Jun 26, 2013, 10:48 AM - Edit history (1)

Opinion is by Justice Kennedy, joined by the four liberal Justices -- Ginsburg, Breyer, Sotomayor, and Kagan.

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

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

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.

Amy Howe: More from Roberts: "The Court does not have before it, and the logic of its opinion does not decide, the distinct question whether the States . . . may continue to utilize the traditional definition of marriage."

http://www.scotusblog.com/

Link to the opinion:

http://www.supremecourt.gov/opinions/12pdf/12-307_g2bh.pdf

__________________________________

And good news in CA, too -- Prop 8 is struck down.

http://www.democraticunderground.com/10023101024#post1

[chillfactor]

1. how do you know that..I am watching live coverage

and have not heard anything yet

[pnwmom]

2. Go to the first link for Scotus blog.

Thank you, Amy Howe!

[HappyMe]

4. It's on NBC news right now.

[HappyMe]

3. Struck down!

This is wonderful, great news!

I have to say that a couple of tears fell when I hear this.

[Pab Sungenis]

5. Is this just Section 3?

Or the entire Act?

Either way, it's huge.

[pnwmom]

7. There's a link to the whole opinion in the OP.

[bravenak]

6. It's about time!

[pnwmom]

8. The tide has officially turned.

[libodem]

9. Woo Hoo

About time for some good news in this country....WOO HOO, BABY WOO HOO

[ChoppinBroccoli]

10. So Does This Mean.............

...............that ALL States with DOMA laws on the books (or, as in my case, written into their State Constitutions) now must void those laws, or is it just California?

[pnwmom]

11. No, I think this only applies to the Federal law.

[iandhr]

15. For the purposes of this ruling...

Gay marriages preformed in States where it's legal will now be recognized by the federal government.

[mountain grammy]

12. Good news: Justice Kennedy decides to uphold Constitution.

now there's a concept!

[Initech]

13. It's about damn time!!!

[pnwmom]

14. Yup. n/t

[democrank]

16. YAY!!!!

[Wait Wut]

17. Okay, I'm still in a bit of shock, but...

The Scalia meltdown is soooooooo freakin' awesome!

http://tpmdc.talkingpointsmemo.com/2013/06/scalia-doma-dissent.php

I'll celebrate with everyone else in a day or two when this sinks in. I keep waiting for someone to yell, "April Fools!".

[pnwmom]

18. Yes, that was fun!

I keep expecting that chubby guy to have a heart attack . . . . a couple more opinions like this, maybe.