The supreme court same-sex marriage rulings were historic, but not enough

[xchrom]

http://www.guardian.co.uk/commentisfree/2013/jun/26/supreme-court-same-sex-marriage-not-enough


A couple celebrates upon hearing the US supreme court's rulings on gay marriage in City Hall in San Francisco on 26 June 2013. Photograph: Justin Sullivan/Getty Images

On 26 June 2003 – exactly 10 years ago – the supreme court transformed the lives of gay Americans with a landmark ruling, Lawrence v Texas, that struck down the country's remaining sodomy laws. It was a grand victory for gay Americans. But Anthony Kennedy, the justice who wrote the opinion in Lawrence, stopped a little bit short. He declined to say back in 2003, "whether the government must give formal recognition to any relationship that homosexual persons seek to enter". More importantly, he didn't say whether gay people were a minority entitled to the equal protection of the laws – only that gay sex was private conduct, and therefore none of the government's business.

Ten years later, on 26 June 2013, Anthony Kennedy again made a major stride forward for gay rights. And once again, he stopped just a little too short.

The supreme court, in the case of US v Windsor, has finally struck down the central provision of the Defense of Marriage act (Doma), the national law that deprives married gay couples of all the federal benefits of marriage. For gay couples married in the 12 (soon to be 13) states that permit us to wed, this is tremendously good news. For more than a decade, legally married gay couples have faced discrimination on everything from taxes to immigration to social security to pensions. Ruth Bader Ginsburg, at oral arguments, memorably called these "skim-milk marriages" and today, the court ruled that the two-tier system Doma created could not stand.

Kennedy, joined by the four justices of the court's "liberal bloc", had no time for the arguments of the law's defenders that Doma was somehow not discriminatory – that it was merely an attempt at good housekeeping on the part of the federal government while states debated who could marry and who could not. "The principal purpose is to impose inequality," wrote Kennedy. Doma did nothing to help anyone; its only function and only goal was to harm a disadvantaged group, in this case gays and lesbians:

"The avowed purpose and practical effect of the law here in question are to impose a disadvantage, a separate status, and so a stigma upon all who enter into same-sex marriages made lawful by the unquestioned authority of the States…. Were there any doubt of this far-reaching purpose, the title of the act confirms it: The Defense of Marriage."

[Behind the Aegis]

1. Be prepared for the possible onslaught.

[xchrom]

2. they don't bother me. nt

[Behind the Aegis]

3. Oh I know, but I can already hear the screeches of "Aren't you EVER happy?!"

Among other things that will be thrown our way should we not be at the appropriate celebratory level.

[xchrom]

4. sigh...it's true ... also i'm never grateful enough to the 'right' people. nt

[Behind the Aegis]

5. Ding! Ding! Ding! We have a winnah!

While this is a monumental event, and a step in the right direction, there are many of us for whom it won't affect for the time being.

[xchrom]

6. we're not equal til we're equal.

the PTB are doling out our equality little by little, i guess.

like we're irresponsible children.

[Pab Sungenis]

7. It's already affected me.

I just filed amended tax returns for 2010 and 2011 as "Married, filing jointly," which should net us over $1,500.00 in refunds we're due.

And over time it will affect all of us.

[stevenleser]

8. What I think we need to do next is put together a list of the things still need to be accomplished.

Starting with:

1. Is all of DOMA gone now or just a piece? I've heard both suggested. If any piece remains in effect, it has to be removed.

2. ENDA must be enacted!!!!

3. Gay marriage legalized in all states.

4. Prohibitions in Gay adoption removed wherever they exist.

5... ?

[MNBrewer]

9. Section 3 of DOMA only

The rest stands.

[nomorenomore08]

10. I get what you're saying. But I really doubt that it stops here.

The momentum - on the side of what's right - is just too strong now.

[Zorra]

11. Yeah; but I'm really tired. Let's save that battle for tomorrow, and tonight just

[Kurovski]

12. K&R NT)