Jonathan Andrew Sheen (leviathan0999) wrote,
Jonathan Andrew Sheen
leviathan0999

IANAL

Okay, no, I don't Anal, but it's a good day for guys who do!

At 10:00 am, EDT, the Supreme Court struck down the federal Defense Of Marriage Act.

It is, at the moment, a decision which acts only on the Federal Government: The ruling was that the Government cannot treat same-sex couples differently than mixed-sex couples. It does not directly strike down any state laws against same-sex marriage.

But here's the great news: SCOTUS' ruling is explicitly based on the Constitution's guarantee of Equal Protection under the law.

On that basis, I cannot see how any state can successfully defend a marriage discrimination law. The Supreme Court has ruled that treating same-sex couples differently than mixed-sex couples is a violation of the Constitution. That invalidates any state law discriminating against gay couples.

I Am Not A Lawyer, but that's how I see it.

By that logic, the fact that SCOTUS "punted" the Prop 8 case is irrelevant.

It's all over but the lawsuits.
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