These Five Justices Just Made America More Equal

[cal04]

The Supreme Court just handed down a 5-4 decision striking the unconstitutional Defense of Marriage Act. According to Justice Anthony Kennedy’s opinion for the Court, “[t]he federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to 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, the federal statute is in violation of the Fifth Amendment.”

Shortly thereafter, the Court also handed down a 5-4 decision holding that supporters of California’s anti-gay Proposition 8 did not have legal standing to appeal District Judge Vaughn Walker’s decision striking the marriage ban. The likely impact of this decision is that Walker’s injunction against Prop 8 will allow California to perform same-sex marriages once again — or at least that California’s top elected officials will be able to read Walker’s opinion this way — although there is some uncertainty whether Walker actually has the power to enjoin an entire state. For this reason, the status of Prop 8 is, for the moment, unclear.

http://thinkprogress.org/justice/2013/06/26/2218321/doma-is-unconstitutional/

[LonePirate]

1. Correction: They made part of America more equal

The majority of America is still woefully unequal with regard to these issues.

[BP2]

2. Yep

In at least 39 states which doesn't recognize SSM

[JanMichael]

4. true, but it's a start

it's a step. Let people celebrate the moment

[Coyotl]

3. The Fifth and Fourteenth Amendments of the United States Constitution limit the power ...

The Fifth and Fourteenth Amendments of the United States Constitution limit the power of the federal and state governments to discriminate. The private sector is not directly constrained by the Constitution.

The Fifth Amendment has an explicit requirement that the Federal Government not deprive individuals of "life, liberty, or property," without due process of the law and an implicit guarantee that each person receive equal protection of the laws.

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

MORE: http://finduslaw.com/us-constitution-5th-14th-amendments

[MotherPetrie]

5. K&R

[pnwmom]

6. One day after a different set of 5 voted to kill the Voting Rights Act.

We shouldn't forget that.