Zitat Addressing the constitutional question, Black explained, “Although the law has long recognized that marriage and domestic relations are matters generally left to the states, the restrictions imposed on marriage by states, however, must nonetheless comply with the [U.S.] Constitution.”
To that end, the court examined the Supreme Court’s decision striking down part of the Defense of Marriage Act this June in United States v. Windsor, the 1996 decision in Romer v. Evans, and in other decisions addressing differential treatment found to be unconstitutional under the Constitution’s guarantee of equal protection of the laws.
Looking at Ohio’s bans on recognizing same-sex couples’ out-of-state marriages, while acknowledging its recognition of the marriages of opposite-sex couples who would not be allowed to marry in Ohio, Black concluded, “The purpose served by treating same-sex married couples differently than opposite-sex married couples is the same improper purpose that failed in Windsor and in Romer: ‘to impose inequality’ and to make gay citizens unequal under the law.”
Needless to say, if other courts follow this lead, we’ll have coast-to-coast legal gay marriage as a matter of Full Faith and Credit with the only limitation on gay couples their ability to travel to a pro-SSM state temporarily to get hitched. The Windsor decision that the court cites here in support of its ruling held that section 3 of DOMA, which bars the federal government from recognizing gay marriages performed in pro-SSM states, is unconstitutional. The point of the Ohio ruling is that section 2 of DOMA, which allows states to refuse to recognize gay marriages performed in other jurisdictions, should also be deemed unconstitutional under the logic of Windsor. Is that true, though? Read pages 18-21 of Kennedy’s majority opinion. He’s making two arguments, really. One is that, as the Ohio judge notes, the legislature can’t impose special restrictions on gays consistent with the Equal Protection Clause. The other, though, is that Congress overreached with DOMA by intruding on the states’ sovereign prerogative to regulate marriage as they see fit. It’s not just an equal protection ruling, it’s a federalism ruling too. And unlike Section 3, Section 2 of DOMA attempts to preserve state sovereignty by allowing each state to decide for itself whether gay marriages from other jurisdictions will be recognized there, which might be a complicating factor for Kennedy if this case works its way up to SCOTUS. It shouldn’t be, says the Ohio judge — equal protection under the Fourteenth Amendment trumps states’ rights, especially when you have a history of full faith and credit for out-of-state marriages as precedent — but only Kennedy knows which way that shakes out.
"Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual." Thomas Jefferson
"If people can’t trust not only the executive branch but also don’t trust Congress, and don’t trust federal judges, to make sure that we’re abiding by the Constitution with due process and rule of law, then we’re going to have some problems here." - Barack Obama, June 7, 2013
If our judges are going to run the country, what do we need with states rights, federal rights, or even a president & congress? It seems to me that judges are making the laws of the land.
Last March, former President Bill Clinton is appealing to the Supreme Court to overturn the Defense of Marriage Act (DOMA), which he signed into law, essentially barring federal recognition of same-sex marriages by defining marriage as a union between a man and a woman. As the Supreme Court prepares to take another look at the law later this month, Clinton says he now believes it to be unconstitutional. Under it, he said, “same-sex couples, who are legally married in nine states and the District of Columbia, are denied the benefits of more than a thousand federal statutes and programs available to other married couples.”
Quote: gabrielaXander wrote in post #5Last March, former President Bill Clinton is appealing to the Supreme Court to overturn the Defense of Marriage Act (DOMA), which he signed into law, essentially barring federal recognition of same-sex marriages by defining marriage as a union between a man and a woman. As the Supreme Court prepares to take another look at the law later this month, Clinton says he now believes it to be unconstitutional. Under it, he said, “same-sex couples, who are legally married in nine states and the District of Columbia, are denied the benefits of more than a thousand federal statutes and programs available to other married couples.”