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Featured Jun 26, 2013
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Protests like this In Arcadia helped get the message across that Prop 8 was wrong – Photo by Terry Miller
Supreme Court rules DOMA Unconstitutional
Gay Marriages to Return in California
By Terry Miller
Wednesday the United States Supreme Court ruled that the Defense of Marriage Act (DOMA) is unconstitutional by violating an individual’s due process and equal protection rights. The Court’s decision to vacate the Ninth Circuit’s ruling on Proposition 8, while not a definitive outcome, will still allow same-sex marriage to continue in the State of California.
“After years of struggle, the U.S. Supreme Court today has made same-sex marriage a reality in California. In light of the decision, I have directed the California Department of Public Health to advise the state’s counties that they must begin issuing marriage licenses to same-sex couples in California as soon as the Ninth Circuit confirms the stay is lifted,” said Governor Brown.
The effect of today’s U.S. Supreme Court ruling is that the 2010 federal district court’s decision that Proposition 8 is unconstitutional is left intact and the law cannot be enforced.
Reaction has seen swift in southern California.
In response, the Governor has directed the California Department of Public Health to advise county officials today that the district court’s injunction against Proposition 8 applies statewide and that all county clerks and county registrar/recorders must comply with it. However, same-sex Californians will not be able to marry until the Ninth Circuit Court of Appeals confirms the stay of the injunction, which has been in place throughout the appeals process, is lifted.
In preparation for this outcome, Governor Brown sought an opinion from California Attorney General Kamala D. Harris on whether the state, through the California Department of Public Health, can advise county clerks and registrar/recorders that they are bound by the federal district court’s ruling that Proposition 8 is unconstitutional.
The Attorney General concluded that the California Department of Public Health “can and should” instruct county officials that they “must resume issuing marriage licenses to and recording the marriages of same-sex” couples. The Department will issue another letter to county officials as soon as the Ninth Circuit Court of Appeals confirms the stay is lifted.
On Wednesday, Rep. Adam Schiff (D-Burbank) told Beacon Media: “Today is a huge day for the cause of equality – by ruling that DOMA is an unconstitutional violation of equal protection, the Court has struck a momentous blow against discrimination and injustice, bringing us closer to our founding principle that all people are created equal. By dismissing the Prop 8 case, the Court has returned marriage equality to California. It’s my hope that clerks will begin issuing marriage licenses to those loving couples wishing to get married as soon as possible.
“Love is love, and the fight will not be over until equality under the law – including the right to marry the person you love – is the law of the land in every state in the nation.”
Schiff is an original co-sponsor of the Respect for Marriage Act, which would require recognition of any marriage performed in any state under federal law, including that of LGBT Americans. He supports full equality for all LGBT Americans to enjoy all the rights and privileges of our nation. Schiff also fought to stop House Republicans from defending DOMA in court – ultimately spending $2.3 million defending an unconstitutional law.
Congresswoman Judy Chu (CA-27) released the following statement:
“Today is a pivotal day in the fight for equality for the LGBT community. In striking down DOMA, the Supreme Court ensured that individuals will no longer face discrimination under federal laws based on whom they marry.
“Though I would have preferred to see Proposition 8 ruled unconstitutional as well, the fact is same-sex couples are free to marry their loved ones in California, and ultimately that is what is most important.
“While this is a great first step, the decisions only apply to those lucky enough to be in states that currently allow for same-sex marriages. It is clear that to truly create equality for all Americans under the law, gay and lesbian couples must be free to marry, regardless of where they live.”
