by Megan Veith
“[DOMA] is invalid, for no legitimate purpose overcomes the purpose and
effect to disparage and to injure those whom the State, by its marriage laws,
sought to protect in personhood and dignity.”
Justice Kennedy
The news that the Supreme Court officially
struck down Section 3 of DOMA today marks a joyful and exciting moment in the
history of the LGBT equal rights movement. Despite yesterday’s Supreme Court
ruling that gutted the Voting Rights Act and revealed the Court’s continuing
denial of the extent of discrimination in the US, the Court took a stand
against some of the hatred and intolerance that has been infecting our society.
The Windsor ruling includes powerful
language and imposes a high legal standard that will be crucial to other equal
rights cases in the future. For example, Justice Kennedy, who wrote the opinion
for the Court, was explicit in his condemnation of DOMA. He declared that DOMA
“imposes a disability … by refusing to acknowledge a status the State finds to
be dignified and proper.” He also reiterated the harmful effects of DOMA, not
just to same-sex couples who are denied a plethora of federal benefits, but
also to the children of same-sex couples, stating that DOMA humiliates them and
“makes it even more difficult for the children to understand the integrity and
closeness of their own family.” In essence, the Court concluded that DOMA
imposed disadvantages and stigmas upon same-sex couples and that this is a
direct affront to a State’s right to define marriage.
While many people are thrilled
about today’s ruling (and rightly so), we must nonetheless take a critical look
at the direct implications of this ruling and how it will take effect. It is
important to realize that this ruling only applies to federal benefits and does
not require all states to legalize marriage for same-sex couples. A common
question people are asking is how this ruling will affect same-sex couples that
are legally married in one state, but then move to another state that does not
recognize their marriage. As of today, only 13
states and the District of Columbia have extended marriage to same-sex couples. The fight for full equality must continue,
state-by-state. However, the Court’s
decision is still an important step in ensuring that same-sex couples are not
forced into a “second-tier marriage.” Let us hope that the Supreme Court and
other courts around the U.S. continue to support equal rights for all people.
With strong advocacy and a desire for a change, the time will soon come when
all states recognize that love is love, no matter who you are.
Megan Veith is currently a legal intern at Legal
Voice. She just finished her second year at Georgetown University Law Center,
after graduating with her Bachelor’s Degree at the University of Washington.
Megan is a strong advocate for women’s rights and is thrilled at the
opportunity to fight for equality for all people at Legal Voice.
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