dcnovice
Posts: 37282
Joined: 8/2/2006 Status: offline
|
quote:
And it doesn't contain the words: Strictly speaking, those were from the syllabus, not the actual opinion. The bottom line--literally--of Kennedy's opinion is this: "The judgment of the Court of Appeals for the Second Circuit is affirmed." That raises the question of what the Court of Appeals decided. Its bottom line appears to be the following: "DOMA's classification of same-sex spouses was not substantially related to an important government interest. Accordingly, we hold that Section 3 of DOMA violates equal protection and is therefore unconstitutional" (source). I'm neither a lawyer nor a constitutional scholar, but it does strike me as an honest question whether Windsor struck down DOMA in its evil entirety or simply dispatched Section 3. The explicitly affirmed ruling was limited to Section 3, but as you noted, Kennedy discussed DOMA without any qualification. To see what others made of this, I took a look at the NYT story on the decision. It said, "The rulings leave in place laws banning same-sex marriage around the nation, and the court declined to say whether there was a constitutional right to such unions." I also dropped by the ACLU site to see how they view things. I was greeted by the words "On June 26, 2013, the U.S. Supreme Court ruled that section three of the so-called "Defense of Marriage Act" (DOMA) is unconstitutional and that the federal government cannot discriminate against married lesbian and gay couples for the purposes of determining federal benefits and protections." I figured Lambda Legal might also have a good handle on what Windsor means. Its DOMA summary begins, "The Supreme Court’s historic ruling striking down Section 3 of the discriminatory Defense of Marriage Act (DOMA) is an enormous victory for loving, married couples and their families, and affirms that they deserve equal treatment under the law. This victory demonstrates the importance of access to marriage, and gives married same-sex couples access to the tangible benefits of the federal safety net, allowing them to better protect one another and their children." It also includes a lengthy cautionary note that starts, "If you live in a state that discriminates against married same-sex couples, you should be aware that the Supreme Court decision striking down part of the federal so-called Defense of Marriage Act does NOT mean that your state must respect your marriage or that you will be eligible for all marriage-based federal benefits." The note later goes on to say, "In addition, if you travel to another place to marry and then return to live in a state that does not respect your marriage, you may be unfairly unable to obtain a divorce, which can lead to serious negative legal and financial consequences." All this to say that while I'd keenly love to put on my ruby slippers and sing, "Ding! Dong! The DOMA's dead! The wicked DOMA's dead!," I fear it might, alas, be premature.
_____________________________
No matter how cynical you become, it's never enough to keep up. JANE WAGNER, THE SEARCH FOR SIGNS OF INTELLIGENT LIFE IN THE UNIVERSE
|