SCOTUS on Prop 8 and DOMA

4 years ago

Yesterday, the Supreme Court heard oral arguments for and against California's Prop. 8.  Today, they are hearing oral arguments regarding the constitutionality of the Defense of Marriage Act (DOMA).

My friends and I (me - lesbian, friend one - bisexual, friend two - heterosexual) spent last evening discussing the oral argument and what we believe will ultimately happen.

As a lesbian who married my partner in Washington DC 10 days ago, I would really like to see DOMA struck down.  It occured to me, though it is highly unlikely that either my partner or I will have an estate large enough to have to worry about inheritance tax, that we will be in the same position as Edie Windsor.  It makes me sad to think that I can go so far as to get the piece of paper that says I'm legally married, yet it really doesn't mean squat outside of the District of Colombia.  AND, it means even less to us since we live in Virginia.

In my heart, I believe this argument is similar to school desegregation and the right of interracial couples to marry.  And, let's not forget there were times when certain clergy would not marry anyone who had been previously divorced and/or two people who were of different religions.  We've survived and thrived these once taboo issues that now do not even evoke a sideways glance.  The bottom line is that when it is seen that a particular stance is counter-productive, we as a country have stepped up and expanded our capacity to include that which was once thought of as an abomination.  Gay marriage should no longer be seen as an abomination; it should be accepted throughout the United States as legal, giving gays and lesbians the same rights as heterosexual married couples.

Though I believe that gay marriage should be legalized, I've heard lots of rumblings that now is not the time.  I don't understand this argument.  When will it be "the right time"?  Honestly, with so many people coming out in support of gay marriage I can't think of a better time to legalize it.  But maybe I'm missing something...

How do you think the Court is going to decide the Prop. 8 case?  What do the think they will do with DOMA? Please leave a comment.

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