June 29, 2013

MUCH ADO ABOUT I DO:

Why states that ban gay marriage are resting easy after Supreme Court rulings : As gay marriage supporters celebrate this week's rulings at the US Supreme Court, states that prohibit same-sex marriage are also elated, reassured that their bans are not in legal jeopardy. (Mark Guarino, June 28, 2013, CS Monitor)

States with gay marriage bans can feel confident that those laws are not in legal jeopardy because the justices did not rule on the merits of same-sex marriage itself, only on the issue of federal benefits for those whom states deem to be married, says John Dinan, a political scientist and state constitutional expert at Wake Forest University in Winston-Salem, N.C. In the case involving the federal Defense of Marriage Act, the majority opinion, written by Justice Anthony Kennedy, describes the burden of DOMA on same-sex couples, but it does not venture into territory such as advising states with bans to change course or make adjustments.

"Legally, we're in the same place today that we were at the beginning of the week. No real new ground has been broken in that direction," Professor Dinan says. "Nothing came out of the two decisions that changed the legal terrain that would make those states vulnerable."

Posted by at June 29, 2013 8:09 AM
  

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