The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and injure those whom the State, by its marriage laws, sought to protect in personhood and dignity. By seeking to displace this protection and treating those persons as living in marriages less respected than others, the federal statute is in violation of the Fifth Amendment. —Justice Anthony Kennedy
We’ve got the baby cheering over here, and he doesn’t know why, but he will one day. I haven’t started crying yet, but it’s coming….
Prop 8 Dismissed on Standing
In short, that means that gay marriage is legal in California. The Ninth Circuit decision is vacated, and the district court decision stands, which in effect strikes down Prop 8 on equal protection. It does not, however, give us a broader ruling. This means that gay marriage is not legal everywhere in the US, it’s legal in states that have gay marriage. If a LGTBQ married couple lives in one of those states, they will have state benefits and federal benefits (since DOMA was struck down). However, if a couple marries in a state that has gay marriage, and live in a state that doesn’t, they will ONLY have federal benefits. (This is all based on a very early read of the decision, so of course analysis could change.)
We’re far from done yet. But for today, let’s celebrate. (I threw on the APW Pride Week banner because… what the hell!)
It’s your open thread. Tears, cheers, quotes, and links, have at it.
Photo of Lisa & Lee, who originated the Remember the Lesbians series on APW, taken by a generous stranger after MN passed marriage equality this year