After DOMA and Prop 8

By Jeralyn, Section Civil Liberties
Posted on Thu Jun 27, 2013 at 01:03:41 PM EST
Tags: DOMA, Prop 8 (all tags)

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The ACLU has published a handy resource guide, After DOMA: What it Means for You.

Implementation of federal rights, benefits, and protections will vary from state to state and on an individual basis.

The Supreme Court's decision in Windsor v United States is here. The ACLU says: [More...]

The core provision of DOMA required the federal government to treat the marriages of same-sex couples one way (as though they had never happened) and the marriages of straight couples a different way (respecting their validity in 1,138 federal contexts). The Supreme Court struck down DOMA both because of that unequal treatment and because the federal government had improperly taken over the states' normal role of deciding who is married and who isn't.

...The demise of DOMA section 3 is also a crucial milestone on the road to LGBT equality because DOMA is the last federal law that requires discrimination against lesbian, gay, and bisexual people.

The ACLU lauds the decision:

Windsor isn't just the death of the core of DOMA, it's the end of official federal discrimination against lesbians and gay men. That's quite something to celebrate!

The Supreme Court yesterday also restored the freedom to marry in California when it dismissed an appeal by backers of Prop 8 on standing grounds. The effect is that the August, 2010 ruling that found Prop 8 unconstitutional will be reinstated.

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After DOMA and Prop 8 | 23 comments (23 topical)

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Utah state senator proposes to longtime partner (5.00 / 1) (#6)
by Angel on Thu Jun 27, 2013 at 09:26:18 PM EST

here

Thank you, Edie Windsor, and bless you. (5.00 / 3) (#7)
by Donald from Hawaii on Thu Jun 27, 2013 at 09:34:32 PM EST

She deserves our gratitude for having the courage to challenge her government, and ultimately consign the Defense of Marriage Act to the dustbin of history.

Family Research Council sending mixed (5.00 / 2) (#18)
by caseyOR on Fri Jun 28, 2013 at 12:59:17 PM EST

message? Here is the logo for their anti-gay prayer initiative.

No, this is not from the Onion. And that is all I have to say. I think the graphic speaks for itself.

: That's the funniest thing... (5.00 / 1) (#21)
by kdog on Fri Jun 28, 2013 at 01:15:31 PM EST

I've seen all week...does the figure on it's knees symbolize the FRC fellating the GOP or the other way around?

: HA HA (none / 0) (#19)
by jbindc on Fri Jun 28, 2013 at 01:04:52 PM EST

And Ew at the same time.

Keeping Same Sex Spouses... (none / 0) (#1)
by ScottW714 on Thu Jun 27, 2013 at 03:04:10 PM EST

...from being deported. LINK

Also (none / 0) (#2)
by jbindc on Thu Jun 27, 2013 at 03:14:48 PM EST

Same -sex spouse can sponsor immigrant spouse.

Think Glenn Greenwald will move back now?


Re: Glenn,... (none / 0) (#3)
by kdog on Thu Jun 27, 2013 at 03:18:06 PM EST

we're not that free.


kdog (5.00 / 2) (#4)
by CoralGables on Thu Jun 27, 2013 at 04:19:58 PM EST

I know you like to complain about mayors and senators and presidents, but I think the actual problem is the general public and a microcosm of that can be found right here at TL. We just had SCOTUS on DOMA, Prop 8, and the Voting Rights Act; a Texas filibuster on abortion; and the Senate passing immigration reform. In the last two days you'll find maybe two dozen comments on those life changing issues, but 500 about some clown cop wannabe that shoots a kid in the chest.


Took the words right out of my mouth. (5.00 / 2) (#5)
by Donald from Hawaii on Thu Jun 27, 2013 at 09:12:26 PM EST

Americans sure do love to be entertained. Informed, not so much.

Go to any part in the country, and the odds are better than even that more people could probably tell you the name of Kim Kardashian's new baby, than could tell you who represents them in Congress and their state legislature.

Small, wonder, given that most of them will similarly complain about offering a path to legal status for the undocumented immigrants in this country, even though more than a third of native-born Americans today couldn't pass the written test required of applicants for U.S. citizenship.

Handbasket, meet Hell.


In fairness (5.00 / 1) (#8)
by sj on Thu Jun 27, 2013 at 10:52:26 PM EST

while none of those 2 dozen comments on those issues have been mine, I've been reading about them voraciously. OTOH, I haven't read even 1 of those 500+ comments about the clown cop wannabe.


I hear ya CG... (5.00 / 4) (#9)
by kdog on Fri Jun 28, 2013 at 05:41:00 AM EST

never let it be said we don't get the government we deserve.

I'm as guilty as the next guy for focusing on the human interest/crime in the news stuff...in my defense the big stuff seems pretty hopeless, and the human interest stuff is at least interesting. And somewhat important as a gauge of the justice system and how its working. And a gauge of my fellow Americans opinions and views...which in the case of Zimmerman is f*ckin' scaring me, with a few shining exceptions.

Take DOMA for example...good news of course, but it took 20 years and a 5-4 SC vote to call it unconstitutional when I think it was obviously unconstitutional by a reading of the constitution at a god damn 5th grade reading level. It's sad good news.

Immigration reform in the Senate...it's great if 11 million people are liberated from a constant threat of chains and cages, but do we really need a lame-arse fence and 40,000 border cops? Plus the fines and other hurdles, and the immigrants who don't meet the arduous criteria who will still be left behind in the shadows. I think the "good guys" gave away the store just to pass something. And how is the House gonna water it down further? More sad good news.

The Texas fillibuster...inspiring, but again, depressing we still have to fight that f*ckin' battle. I'm afraid it's a pyrrhic victory, that bill is gonna pass and poor women in Texas are gonna have a harder time finding a doctor to help them when all those clinics are shut down.

I swear I'm only a Debbie Downer about politics, I'm high on life honest! ;) And it could always be worse, don't mean to sh*t on the good news, I know I'm a hard to please idealist, but it kills me it's this hard to do basic good sh*t. But ya get what you vote for, no doubt...one of my senators was lead water-downer on immigration.


I love kdog! (none / 0) (#10)
by Angel on Fri Jun 28, 2013 at 08:13:03 AM EST

: I love you too... (none / 0) (#12)
by kdog on Fri Jun 28, 2013 at 08:29:50 AM EST

you one of the few, the proud, the shining exceptions! ;)

Find the positives in it all (none / 0) (#13)
by CoralGables on Fri Jun 28, 2013 at 08:45:47 AM EST

Otherwise, like many of the Debbie Downers here, you'll eventually find yourself waking up each morning at the bottom of a whine bottle.


Do I whine too much? (5.00 / 1) (#14)
by kdog on Fri Jun 28, 2013 at 09:19:16 AM EST

I like to think of it as ranting and raving...it's a healthy release of frustration with the state and the state of affairs. Beats joining a militia group;)

I look to areas outside politics for the positives, which are many. Simple everyday acts of kindness, both given and received. I ate yesterday, I will eat today. A roof over my head kept me dry with crazy thunderstorms last night. Post Office softball team won 7-6 in 10 innings last night, yours truly gets clutch hit rip single with 2 outs bottom of 7th to tie the game (got thrown out at home trying to score from first on a single to win the game, I'm fast but not as fast as I think I am anymore;). Music sweet music and the summer concert series. La mujer especial comin' on a jet plan. Marijuana growers are doing amazing things with the sacrament. Even the Debbie Downing Mets come through with a solid 7-4 road trip, and we've got the a stellar Matt F*ckin' Harvey, who better start the All-Star Game in Flushing Meadows this year or I'm gonna be ranting/whining again! ;)


: Ha (none / 0) (#15)
by CoralGables on Fri Jun 28, 2013 at 09:39:39 AM EST

Have never heard you whine. Other than maybe when a planned visit with south of the border wasn't happening soon enough (justifiable). But you're still young, the possibility of a life of two buck chuck is still way in the future.
Single up the middle? It was my go to spot in the clutch (batters box meditation...hit the pitcher between the eyes)
Not sure of the age it happens when we're no longer as fast as we think we are, but we always remember the day we came to the realization. Welcome to the club.

Should get a chuckle (none / 0) (#11)
by CoralGables on Fri Jun 28, 2013 at 08:15:05 AM EST

The next cover of the New Yorker?

The fight's not over (none / 0) (#16)
by MyLeftMind on Fri Jun 28, 2013 at 12:01:39 PM EST

The people who make money off hatred and fear are not going to give up their homophobic cash cow. Most of the country will continue for years to define marriage as the union of one man and one woman in an attempt to deny equality to gay and lesbian families.

Aside from the huge fundraising opportunities this issue presents, the Republicans also use it to fire up their base and garner votes. Rep Huelskamp's 'It's Not Over' constitutional amendment to restore the gay marriage ban SCOTUS just struck down won't pass, but it'll keep disingenuous Republicans like him in office for years. Why work on the economy or any other major problems when you can generate money and votes by grinding the hated gays under your heels?

If you want to help our Democrats, find ways to make this issue go away ASAP. Working at the state level to overturn gay marriage bans would be a great place to start.

I Am Having a Very Hard Time... (5.00 / 3) (#17)
by ScottW714 on Fri Jun 28, 2013 at 12:56:16 PM EST

...wanting to help this crop of democrats do anything. Right now the choice seems to be making thee weakest people suffer so the rich can have more, or give up my rights and the rights of my fellow countrymen and women in the name of security.

And not to point out the obvious, but DOMA was signed into law by a D President.


And voted for by... (5.00 / 2) (#20)
by kdog on Fri Jun 28, 2013 at 01:07:01 PM EST

many a Brand D congresscritter.

Now that gay people have a stronger political voice, and a majority of all peoples have become enlightened, Brand D is all lovey-dovey. How convenient for Brand D.


It really is all about the Benjamins. (5.00 / 4) (#22)
by caseyOR on Fri Jun 28, 2013 at 01:33:08 PM EST

The LGBT community is having this success with the Ds because we finally shut off the queer ATM until the Ds got with the program on DADT and DOMA.

The weakest among us do not have that leverage. They have no money to withhold from the politicos.

And none of us has enough $$$ to overcome the influence of the national security companies. They are raking in the tax dollars, and they will not give up that huge revenue stream. It is like the War on Drugs. Too many people are making too much money off these egregious programs.


: Kinda blows the theory put out by Obama (5.00 / 3) (#23)
by MO Blue on Fri Jun 28, 2013 at 01:37:18 PM EST

supporters that Obama and the "Ds" will only listen to groups who plead undying support regardless of what action they take.