Major Gains for Marriage Equality
Over the summer, Defense of Marriage Act was overturned. On June 26, 2013 the Supreme Court ruled 5-4 on the case of Windsor vs. United States that Section three of DOMA was unconstitutional. This ruling was a huge step in the direction of marriage equality, but in no way was a complete victory for the civil rights issue of same-sex marriage. The ruling did not completely overrule DOMA and only overruled Section three of DOMA, which was decided unconstitutional.
UHS teacher Michael Pollock said, “It is however a step in the right direction, and indicates a rapidly changing public stance on this issue.”
Section three of the Defense of Marriage Act defined marriage between a man and a woman. Section 3 of DOMA made it so that if a member of a same-sex couple died and left anything to their partner, they would have to pay a crushing estate tax as if they had hardly known their partner.
The ruling means that in California same-sex marriages may resume again, however, this is only in California and does not apply to the nation as a whole. DOMA made it so that there was no federal recognition of same-sex marriage, which denies same-sex couples with insurance benefits, and Social Security survivors’ benefits.
When asked about the benefits of this ruling, Kim Summers thoughts were, “right now legalizing gay marriage is decided at the state level and not feudal level. Just like with Woman’s Suffrage in the early 1900s, we have to fight our battle at the state level in order to find equity within the law.”
The overruling of DOMA only provides protection for same-sex marriage in states that allow same-sex marriages or civil unions. Same-sex couples that are married are now legally entitled to the same benefits, as opposite sex couples are that are married in states that same-sex marriage is legal. However, in states such as the state of Illinois, the ruling does nothing to help same-sex couples.
Marriage equality still has a long way to go, however, this ruling is a great leap forward for marriage equality in the United States.
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