Supreme Court Strikes Down Part of DOMA, Dismisses Prop. 8 Appeal

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10:24 AM ET

Supreme Court strikes down part of DOMA, dismisses Prop. 8 appeal

We’re getting key decisions from the Supreme Court on same-sex marriage

Rulings on the Defense of Marriage Act (DOMA) and California’s Proposition 8 could affect how states and the federal government handle marriage equality

Part of DOMA was struck down, and the way is cleared for same-sex marriages to resume in California

More: Supreme Court Strikes Down Part of DOMA, Dismisses Prop. 8 Appeal - This Just in Blogs

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82 comments
1 geoffm33  Wed, Jun 26, 2013 9:59:43am

Repost from downstairs:

How the Supreme Court’s ruling will affect gay married couples:

* Military benefits
* Social Security survivor benefits
* Federal estate tax break
* Property sales/Capital Gains
* Retirement plan rollover
* Federal health care protections
* Federal employee benefits
* US Citizenship

How the Supreme Court’s ruling will affect hetero married couples:

.

2 Kragar  Wed, Jun 26, 2013 9:59:57am

That high pitched, keening wail is nothing to be alarmed about.

It’s just Bryan Fischer.

3 Lidane  Wed, Jun 26, 2013 10:00:37am
4 thedopefishlives  Wed, Jun 26, 2013 10:00:57am

Religious wingnuts, please pay attention: Your rights are not being taken away. The only way this affects you is if you intend on being retarded and hateful. Don’t be retarded and hateful, you won’t have a problem. It really is that simple.

5 Kragar  Wed, Jun 26, 2013 10:02:37am

Scalia Rages Against Supreme Court’s Gay Rights Ruling

Justice Antonin Scalia wrote a flaming dissent against the Supreme Court’s 5-4 ruling Wednesday invalidating the core of the Defense of Marriage Act, the law that prohibits married same-sex couples from receiving federal benefits.

Underlying Scalia’s pushback was anger at the majority’s decision to even involve itself in the “abstract questions” of this case and his view that states should be permitted to determine whether or not gay conduct is moral and legislate on that basis.

Here are the top 10 quotes from the staunchly conservative jurist — a mix of rage-filled metaphors and legal punches.

6 celticdragon  Wed, Jun 26, 2013 10:02:42am

re: #2 Kragar

That high pitched, keening wail is nothing to be alarmed about.

It’s just Bryan Fischer.

His derp emitter needs maintenance. A lube job from that dusky hued, trim and toned mechanic down the street will fix him up in a jiffy…

7 Stephen T.  Wed, Jun 26, 2013 10:03:20am

I put this in the previous thread but more appropriate here:

From Alito’s dissent:

Acceptance of the argument would cast all those who cling to traditional beliefs about the nature of marriage in the role of bigots or superstitious fools.

Yes, Alito, the only reasons to oppose gay marriage are (i) bigotry or (ii) unquestioning devotion to (a specific interpretation of) the Bible. Thank you for verbalizing this.

8 elizajane  Wed, Jun 26, 2013 10:04:17am

I’m getting married!

Got the proposal by e-mail on my way to work this morning… Not the most romantic thing ever but you know, we’ve been waiting for a long time. We’re thrilled.

This country looked worse yesterday but it looks a lot better today. It’s the difference between the court saying, with hands over eyes,”There is no racism because I say so!” and them looking up and saying “Ah, there is discriminiation against gays, and we can’t allow that.”

9 Ian G.  Wed, Jun 26, 2013 10:04:45am

re: #5 Kragar

Scalia Rages Against Supreme Court’s Gay Rights Ruling

Antonin Scalia

10 thedopefishlives  Wed, Jun 26, 2013 10:05:11am

re: #8 elizajane

Many congratulations!

11 Kragar  Wed, Jun 26, 2013 10:05:28am



Yes..Yes! Your tears are so yummy!

12 Vicious Babushka  Wed, Jun 26, 2013 10:05:46am

The Detroit Free Press included my Tweet in their collection of “Social Media reacts to SCOTUS ruling”

13 122 Year Old Obama  Wed, Jun 26, 2013 10:05:46am

re: #8 elizajane

Congrats!

14 Dr. Matt  Wed, Jun 26, 2013 10:05:57am

hahaha. Ooops

15 geoffm33  Wed, Jun 26, 2013 10:06:17am

re: #8 elizajane

I’m getting married!

Got the proposal by e-mail on my way to work this morning… Not the most romantic thing ever but you know, we’ve been waiting for a long time. We’re thrilled.

This country looked worse yesterday but it looks a lot better today. It’s the difference between the court saying, with hands over eyes,”There is no racism because I say so!” and them looking up and saying “Ah, there is discriminiation against gays, and we can’t allow that.”

Congrats!!

16 Kragar  Wed, Jun 26, 2013 10:06:17am

Where is VB? Fischer is going into a historical figure quote frenzy.

17 calochortus  Wed, Jun 26, 2013 10:06:23am

Has anyone taken a simple 2 question survey?
1) Is your marriage a source of joy for you and your spouse?
2) Should same sex couples be able to marry?

I suspect the answers to the 2 questions would be the same much of the time, whether it is yea or nay.
Why would you not want other people to be happy if you are? If the only thing your marriage has going for it is that it makes you “special” and better than others, well, you might want to think about that.

18 sffilk  Wed, Jun 26, 2013 10:06:43am

I’ve heard rumblings that some “religious groups” are going to band together and start a movement to get the whole “marriage = 1 man + 1 woman” as a Constitutional amendment. I hope I’m wrong.

That said, GOOD FOR THE USA! Welcome to the 21st century!

19 Lidane  Wed, Jun 26, 2013 10:06:48am

Making the rounds on my FB:

Image: fossilizedbigot.png

Heh.

20 Kragar  Wed, Jun 26, 2013 10:06:57am

re: #12 Vicious Babushka

Hey VB, check out Fischer when you have a chance, he’s going into “quote” mode

21 Vicious Babushka  Wed, Jun 26, 2013 10:07:11am

re: #16 Kragar

Where is VB? Fischer is going into a historical figure quote frenzy.

I looked up some of the quotes. They are authentic quotes, just taken totally out of all context.

22 Mattand  Wed, Jun 26, 2013 10:07:15am

re: #14 Dr. Matt

hahaha. Ooops

I voted for him twice, but I get the impression Clinton and the phrase “My mistake, sorry” aren’t on speaking terms.

23 Eclectic Cyborg  Wed, Jun 26, 2013 10:07:51am

let the butthurt begin!

24 Kragar  Wed, Jun 26, 2013 10:08:01am

re: #21 Vicious Babushka

I looked up some of the quotes. They are authentic quotes, just taken totally out of all context.

Context? What is that?
/

25 thedopefishlives  Wed, Jun 26, 2013 10:08:24am

re: #23 Eclectic Cyborg

let the butthurt begin!

That faint popping sound you hear? Wingnuts’ heads asploding in unison.

26 jaunte  Wed, Jun 26, 2013 10:08:27am

re: #18 sffilk

I’ve heard rumblings that some “religious groups” are going to band together and start a movement to get the whole “marriage = 1 man + 1 woman” as a Constitutional amendment. I hope I’m wrong.

Desperately searching for someone, anyone, they can automatically feel superior to.

27 Lidane  Wed, Jun 26, 2013 10:08:31am

re: #22 Mattand

I voted for him twice, but I get the impression Clinton and the phrase “My mistake, sorry” aren’t on speaking terms.

I loves me some Bill Clinton and I’d vote for that charming bastard again if I could, but yeah. Owning up to past mistakes isn’t one of his strong suits.

28 wrenchwench  Wed, Jun 26, 2013 10:09:18am

re: #8 elizajane

I’m getting married!

I had a little lump in my throat when I first heard the ruling announced, but you post finally brought tears to my eyes. Congratulations. Many years of (continued) happiness to you two!

29 GunstarGreen  Wed, Jun 26, 2013 10:09:33am

re: #7 Alito

Acceptance of the argument would cast all those who cling to traditional beliefs about the nature of marriage in the role of bigots or superstitious fools.

Why yes, Alito, yes it does. That would be because all those who cling to ‘traditional’ beliefs about the nature of marriage are either bigots or superstitious fools.

30 engineer cat  Wed, Jun 26, 2013 10:09:50am

so - if the Defensive Marriage Act has been struck down, does that mean that all marriages will have to be offensive?

31 Ian G.  Wed, Jun 26, 2013 10:10:04am

re: #18 sffilk

I’ve heard rumblings that some “religious groups” are going to band together and start a movement to get the whole “marriage = 1 man + 1 woman” as a Constitutional amendment. I hope I’m wrong.

That said, GOOD FOR THE USA! Welcome to the 21st century!

You’re probably not wrong, but who cares? The number of people so opposed to gay marriage that they’d vandalize the Constitution over it is shrinking faster than the glaciers of Glacier National Park.

They had their chances a decade ago, and couldn’t get it done then, and now the dam has burst. There’s nothing left but the weeping and gnashing of teeth for them.

32 calochortus  Wed, Jun 26, 2013 10:10:51am

re: #8 elizajane

Yay! I wish you many happy years together.

33 Feline Fearless Leader  Wed, Jun 26, 2013 10:10:58am

re: #24 Kragar

Context? What is that?
/

“When I use a quote,” Humpty Fischer said, in rather a scornful tone, “it means just what I choose it to mean — neither more nor less.”

34 Minor_L  Wed, Jun 26, 2013 10:12:11am

re: #7 Stephen T.

I literally cannot think of any reason why someone would be opposed to gay marriage unless he/she is a bigot or superstitious. They may try to dress it up as something else, but the bottom line is that their only reason is “ick!” or “the bible says!” or some combination thereof.

35 Kragar  Wed, Jun 26, 2013 10:12:39am

CA Gov. Orders Counties To Issue Marriage Licenses As Soon As Prop 8 Stay Lifts

California Gov. Jerry Brown (D) Wednesday instructed the state Department of Public Health to deliver a notice to county clerks saying that same-sex couples must be allowed to marry in California once the injunction on those marriages is lifted by the Ninth Circuit Court of Appeals.

The order comes directly in the wake of the Supreme Court’s dismissal of the Prop 8 appeal.

“The effect of the district court’s injunction is that same-sex couples will once again be allowed to marry in California,” the notice said. “But they will not be able to marry until the Ninth Circuit issues a further order dissolving a stay of the injunction that has been in place throughout the appeal process.”

It could be a month or more before that injunction is lifted and clerks are allowed to issue marriage licenses, according to the notice.

36 Kragar  Wed, Jun 26, 2013 10:12:57am

re: #34 Minor_L

I literally cannot think of any reason why someone would be opposed to gay marriage unless he/she is a bigot or superstitious. They may try to dress it up as something else, but the bottom line is that their only reason is “ick!” or “the bible says!” or some combination thereof.

SCIENCE!
///

37 Mike Lamb  Wed, Jun 26, 2013 10:13:05am

re: #11 Kragar

Yes..Yes! Your tears are so yummy!

So, Brian, how did your God allow this to happen? I mean if he’s the one that defined marriage and all of that…

38 lawhawk  Wed, Jun 26, 2013 10:13:12am

re: #18 sffilk

They’d have an uphill battle to get the requisite number of states to affirm although the House GOP is rabid enough to consider it. The Senate wouldn’t, so the effort to constitutionally mandate this would fail.

Moreover, the Court indicated that the definition of marriage is a states’ right. 10th Amendment. You know, the 10th Amendment that small government GOPers constantly cite to in federal overreach.

Well, they’re perfectly fine with that overreach when it suits them, even after it was found unconstitutional.

Let that be an ongoing reminder.

39 Bubblehead II  Wed, Jun 26, 2013 10:13:23am

re: #8 elizajane

Congratulations

40 Gus  Wed, Jun 26, 2013 10:14:09am
41 Minor_L  Wed, Jun 26, 2013 10:14:56am

re: #40 Gus

But Obama is still worse than Bush.

42 wrenchwench  Wed, Jun 26, 2013 10:15:19am

re: #40 Gus

Have you explained sarc tags to the Twittosphere?

43 Kragar  Wed, Jun 26, 2013 10:15:47am

re: #40 Gus

Why would he want to live in a totalitarian police state like the US when he could go to China or Russia?

44 Justanotherhuman  Wed, Jun 26, 2013 10:16:25am

re: #5 Kragar

What a flaming reactionary asshole.

45 Gus  Wed, Jun 26, 2013 10:16:27am

re: #42 wrenchwench

Have you explained sarc tags to the Twittosphere?

Once. //

46 Ian G.  Wed, Jun 26, 2013 10:16:29am

re: #40 Gus

I thought I’d need a Pepto-Bismol after reading Bill Clinton’s tweet congratulating people on the overturning of a law he signed.

Now I know I’ll need one if His Righteousness, Glenn Greenwald, chooses to return to the fascist police state that is the US.

47 Charles Johnson  Wed, Jun 26, 2013 10:16:33am

re: #40 Gus

Boom!

48 engineer cat  Wed, Jun 26, 2013 10:16:56am

American Family Association’s Bryan Fischer: DOMA Ruling “Has Now Made The Normalization Of Polygamy, Pedophilia, Incest And Bestiality Inevitable.” In a tweet following the DOMA decision, AFA President Bryan Fischer argued that normalizing bestiality and incest is now “inevitable.” He also tweeted that “Sodomy-based marriage is an egregious violation of the ‘Laws of Nature and Nature’s God.’”

somebody point out to bryan please how the bible repeatedly condones polygamy

49 Kragar  Wed, Jun 26, 2013 10:17:39am

AFA: With DOMA Decision, America Is ‘Shaking Its Fist at God,’ Christians Will be ‘Crushed’

American Family Association president Tim Wildmon and radio host Sandy Rios have maintained a miserable mood on American Family Radio today after the Supreme Court’s decision on DOMA. Rios argued that the gay rights “freight train” will compel Christians “to bow the knee or to be crushed.” “This is going to get rough,” Rios said, “they are going to infringe on each of us, our children [and] our jobs.”

“Look at them! Living and being married to someone they love and we have to let them. Its so oppressive!”

50 GunstarGreen  Wed, Jun 26, 2013 10:18:51am

re: #48 engineer cat

American Family Association’s Bryan Fischer: DOMA Ruling “Has Now Made The Normalization Of Polygamy, Pedophilia, Incest And Bestiality Inevitable.” In a tweet following the DOMA decision, AFA President Bryan Fischer argued that normalizing bestiality and incest is now “inevitable.” He also tweeted that “Sodomy-based marriage is an egregious violation of the ‘Laws of Nature and Nature’s God.’”

somebody point out to bryan please how the bible repeatedly condones polygamy

See, that’s technically not marriage, it’s “property that the man owns that he can have sex with whenever he wants”.

So therefore not polygamy.

51 Lidane  Wed, Jun 26, 2013 10:19:01am

re: #48 engineer cat

somebody point out to bryan please how the bible repeatedly condones polygamy

“But that’s in the OLD Testament which doesn’t count because Jesus.”

////

52 Minor_L  Wed, Jun 26, 2013 10:19:35am

re: #49 Kragar

Christians are the Jews of homosexual fascism.

53 Ian G.  Wed, Jun 26, 2013 10:19:57am

re: #49 Kragar

I feel for Right Wing Watch’s new summer intern:

“Hey kid, welcome to the team. Now start sorting through these 10,000 tweets of butthurt from the Christian wingnut brigade so we can blog about it. Your lunch break can come after you’ve completed the task.”

54 wrenchwench  Wed, Jun 26, 2013 10:20:09am

This makes up for yesterday’s sad tweet.

55 jaunte  Wed, Jun 26, 2013 10:20:09am

Sure.

56 Lidane  Wed, Jun 26, 2013 10:20:39am
57 calochortus  Wed, Jun 26, 2013 10:21:01am

re: #49 Kragar

AFA: With DOMA Decision, America Is ‘Shaking Its Fist at God,’ Christians Will be ‘Crushed’

“Look at them! Living and being married to someone they love and we have to let them. Its so oppressive!”

So far, the Lord is not making His wrath felt particularly strenuously in the liberal areas of the country. You’d think we’d get hit first.

58 Kragar  Wed, Jun 26, 2013 10:21:09am

Today just keeps getting better:

British Government Bans American Anti-Muslim Activists From Entering The U.K.

The British government has prohibited two leading American anti-Muslim activists, Pamela Geller and Robert Spencer, from entering the United Kingdom to speak at an event sponsored by the English Defence League (EDL), a British anti-Muslim hate group.

60 Feline Fearless Leader  Wed, Jun 26, 2013 10:23:30am

re: #49 Kragar

AFA: With DOMA Decision, America Is ‘Shaking Its Fist at God,’ Christians Will be ‘Crushed’

“Look at them! Living and being married to someone they love and we have to let them. Its so oppressive!”

We’re already hearing lamentations, but it’s not from their women.

61 Lidane  Wed, Jun 26, 2013 10:23:46am
62 Bulworth  Wed, Jun 26, 2013 10:23:57am

re: #49 Kragar

American Family Association president Tim Wildmon and radio host Sandy Rios have maintained a miserable mood on American Family Radio today

Not that there’s anything wrong with that

64 Gus  Wed, Jun 26, 2013 10:25:08am
66 Bulworth  Wed, Jun 26, 2013 10:25:18am

re: #55 jaunte

“But he still left 4 Americans to die in Benghazi and Talking Points!!!”

67 Hercules Grytpype-Thynneghazi  Wed, Jun 26, 2013 10:26:30am

re: #5 Kragar

Scalia Rages Against Supreme Court’s Gay Rights Ruling

First quote:

“We have no power to decide this case. And even if we did, we have no power under the Constitution to invalidate this democratically adopted legislation. The Court’s errors on both points spring forth from the same diseased root: an exalted conception of the role of this institution in America.”

So from this we should be able to tell how he voted on the VRA case, no?

68 Kragar  Wed, Jun 26, 2013 10:27:41am

re: #67 Hercules Grytpype-Thynneghazi

First quote:

So from this we should be able to tell how he voted on the VRA case, no?

Scalia is a pus filled festering boil on the ass of the judiciary.

69 HAL2010  Wed, Jun 26, 2013 10:30:17am

The Arc of the Moral Universe Is Long But It Bends Toward Justice.

Well done SCOTUS.

70 simoom  Wed, Jun 26, 2013 10:32:54am

re: #1 geoffm33

How the Supreme Court’s ruling will affect gay married couples:

* Military benefits
…

defense.gov

Statement by Secretary Hagel on DOMA Ruling

The Department of Defense welcomes the Supreme Court’s decision today on the Defense of Marriage Act. The department will immediately begin the process of implementing the Supreme Court’s decision in consultation with the Department of Justice and other executive branch agencies. The Department of Defense intends to make the same benefits available to all military spouses — regardless of sexual orientation — as soon as possible. That is now the law and it is the right thing to do.

Every person who serves our nation in uniform stepped forward with courage and commitment. All that matters is their patriotism, their willingness to serve their country, and their qualifications to do so. Today’s ruling helps ensure that all men and women who serve this country can be treated fairly and equally, with the full dignity and respect they so richly deserve.

71 Wile E. Wonka  Wed, Jun 26, 2013 10:37:42am

re: #27 Lidane

I loves me some Bill Clinton and I’d vote for that charming bastard again if I could, but yeah. Owning up to past mistakes isn’t one of his strong suits.

I coulda sworn he’d made an apology of some sort a few years ago, so I went and looked…

“I realized that I was, you know, over 60 years old,” Mr. Clinton told [Anderson] Cooper [in a 2009 interview]. “I grew up in a different time. And I was hung up about the word. And I had all these gay friends. I had all these gay couple friends. And I was hung up about it. And I decided I was wrong.”

Two years later, he endorsed legislation in New York legalizing same-sex marriage and last year taped a phone message urging voters in North Carolina to reject a ballot measure banning such unions.

Works for me.

72 Justanotherhuman  Wed, Jun 26, 2013 10:38:23am

re: #67 Hercules Grytpype-Thynneghazi

Shouldn’t that be “Racist, Homophobic, Reactionary Asshat-in-Robe Rages Against Supreme Court’s Gay Rights Ruling”.

73 surlymarv  Wed, Jun 26, 2013 10:38:37am

For some extra laughs check out Dana Loesch’s article at RedState.

redstate.com

*disclaimer: not responsible for any sprains incurred by twisting yourself around this logic

74 Lidane  Wed, Jun 26, 2013 10:39:04am

re: #71 Wile E. Wonka

I coulda sworn he’d made an apology of some sort a few years ago, so I went and looked…

Works for me.

Ah. Missed that. Good on him, then, for admitting a mistake.

And I’d still vote for him if I could. Hell, after the speech he gave at the 2012 DNC, I’m pretty sure he could’ve gotten 300 electoral votes without trying.

75 EiMitch  Wed, Jun 26, 2013 10:51:32am

On one hand, its great that gays can get married and be considered equal to hetero marriage.

On the other hand, the foamy-mouthed right has promised to disobey. And for all intents and purposes, SCotUS told them how to do so by gutting the Voting Rights Act.

SCotUS also effectively declared “the US government no longer hates teh kweers! But poor, filthy peasants and brown folks, watch out! Its your turn, again. Because f*** the lessons of history! We wanna repeat it.”

76 Bulworth  Wed, Jun 26, 2013 10:55:03am

re: #71 Wile E. Wonka

And that article links to this op-ed in the Post.

77 Minor_L  Wed, Jun 26, 2013 11:24:54am

re: #67 Hercules Grytpype-Thynneghazi

It’s almost as if he reaches a decision based on his political beliefs and then crafts the legal opinion to fit that decision.

78 Minor_L  Wed, Jun 26, 2013 11:25:36am

I love Wonkette’s response to Huckabee’s tweet about “people in robes”:

But as a Fox News broadcaster, aren’t “people in robes” a significant part of his audience?

79 Jay C  Wed, Jun 26, 2013 11:44:53am

re: #18 sffilk

BTW, those “rumblings” about proposing a Constitutional Amendment against gay marriage have already belched/farted/defecated out onto the floor of the House: Rep. Tim Huelskamp (R-KS) has already jumped in to propose one.

That was quick: Bryan Fischer’s tears and Antonin Scalia’s spittle aren’t evn dry yet!

80 DisturbedEma  Wed, Jun 26, 2013 11:49:01am

re: #8 elizajane

Mazel Tov!

81 ProTARDISLiberal  Wed, Jun 26, 2013 3:25:56pm

re: #40 Gus

Oh dammit.

82 CuriousLurker  Thu, Jun 27, 2013 3:29:28am

re: #8 elizajane

I’m getting married!

Got the proposal by e-mail on my way to work this morning… Not the most romantic thing ever but you know, we’ve been waiting for a long time. We’re thrilled.

This country looked worse yesterday but it looks a lot better today. It’s the difference between the court saying, with hands over eyes,”There is no racism because I say so!” and them looking up and saying “Ah, there is discriminiation against gays, and we can’t allow that.”

Missed this yesterday—CONGRATULATIONS!! :-)


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