June 26, 2013 by gabnormal
Wednesday, the United States Supreme Court made two landmark rulings on gay marriage, bringing equality closer in sight.
SCOTUS has granted full marriage rights to same-sex couples in their ruling of United States v. Windsor. However, Section 2 of DOMA still stands, meaning that not all states need to recognize a same-sex marriage if it didn’t happen in their state. For example, if a same-sex couple is married in New Jersey, then travels over the bridge to Pennsylvania, Pennsylvania is not required to recognize the New Jersey marriage. This is a legal migraine and I can already see headaches forming over the technicality. Despite the war not being over, this is a huge step in the right direction for equality in America.
SCOTUS also ruled that Prop 8 should have never even made it to the Supreme Court of the U.S. Justices found that Plaintiff Dennis Hollingsworth, a conservative lawyer from California, did not have the standing to sue CA’s Supreme Court.
If you break down the justice system into three courts, District Court, California Supreme Court, and United States Supreme Court, this may be a bit easier to understand.
Prop 8 began in district court, when Kristin Perry sued CA for refusing to issue her and her partner a marriage license. The district court ruled Prop 8 unconstitutional. The state of California and the Federal Government chose not to appeal this decision, Hollingsworth however, did. This brought the case to California’s Supreme Court, where Hollingsworth lost again, and Prop 8 was ruled unconstitutional. Hollingsworth again, appealed, and brought the case to U.S. Supreme Court, where on Wednesday, Justices ruled that Hollingsworth, not being a representative of California, did not have the standing to appeal either times, and the ruling from the District Court still stands, meaning that Prop 8 is unconstitutional and same-sex marriage is again legal in California.