The U.S. Supreme Court has just ruled that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional—in other words, that the federal government must recognize legally enacted marriages of same-sex couples. The Court also said those defending California’s Proposition 8 had no standing to do so—clearing the way for same-sex couples to marry in California.
Section 3 of DOMA prevented the federal government from recognizing marriages of same-sex couples. Section 2 of DOMA, which says states do not need to recognize marriages of same-sex couples enacted in other states, still stands—but today’s ruling is nevertheless a major step forward. (DOMA oddly has no Section 1.)
Here are a few key quotes from the DOMA decision. More later—the analysis has just begun.
DOMA . . . humiliates tens of thousands of children now being raised by same-sex couples. . . . The law in question makes it even more difficult for the children to understand the integrity and closeness of their own family and its concord with other families in their community and in their daily lives. . . .
DOMA also brings financial harm to children of same-sex couples. . . . And it denies or reduces benefits allowed to families upon the loss of a spouse and parent, benefits that are an integral part of family security. . . .
DOMA divests married same-sex couples of the duties and responsibilities that are an essential part of married life and that they in most cases would be honored to accept were DOMA not in force.
