(GayWebSource.com – Gay Media & Press Network) – Posted by Doug Magditch – HisBigD.com
So, let’s say you’ve kind of been paying attention. You know the Supreme Court rulings on gay marriage should be coming soon, but why is it important to Texas? I’m going to try to break it down for you. There are two cases, Proposition 8 and DOMA.
Proposition 8
The actual case is Hollingsworth v. Perry. The Supreme Court will decide if Proposition 8 violates the US Constitution. Propostion 8 was a voter initiative that defined marriage as between one man and one woman. 52 percent of California voters voted for Proposition 8.
The court could uphold it, strike it down, or decide that there wasn’t enough support for an appeal.
If the court upholds Proposition 8…
All states would be free to ban or legalize same-sex marriage. For Texans, that would mean gay marriage is still banned.
If the court strikes down Proposition 8…
It depends on why they strike it down:
- …because they couldn’t ban marriage after the California Supreme Court legalized it. Then, same-sex marriage would still be considered legal in California, but it wouldn’t affect the other states.
- …because states cannot ban same-sex marriage and allow civil unions. The Obama Administration issued a brief suggesting this outcome. It would only affect the seven states that allow civil unions. Texas is not among those states.
- …because bans on same sex marriage are unconstitutional. This is the possible outcome that would have a would affect Texas. It would not make gay marriage legal in Texas, however, it would strike down the state’s ban. In 2006, Texas voters approved Proposition 2, banning both same-sex marriage and civil unions.
If the court decides on the appeal…
The Supreme Court could decide that supporters of Proposition 8 lack standing to appeal the trial court’s ruling. In other words, there wasn’t enough support there for them to even bring it before the Supreme Court. No one’s certain on what that decision would mean. Most likely, gay marriage would continue in California. What is certain, though, is it wouldn’t affect Texas.
DOMA
In United States v. Windsor, the Supreme Court will decide on the Constitutionality of the federal Defense of Marriage Act. The law defines marriage as “only a legal union between one man and one woman as husband and wife.” Specifically, the case claims that the law violates the Constitution’s equal protection clause.
If the court strikes down DOMA…
Married same-sex couples, in the states that allow it, would have their unions recognized by the federal government. This would give them opportunity to take advantage of federal programs and benefits they cannot currently. Texas would not be directly affected because of the state’s ban on same-sex marriage.
If the court strikes down DOMA…
Nothing changes. Same-sex couples would not be able to apply for federal benefits.
If the court decides it can’t decide…
The Supreme Court could decide that the case is outside of its jurisdiction because both parties (Edith Windsor and the Obama Administration) agree that DOMA is unconstitutional. Most legal experts agree that this outcome is unlikely. It would likely mean the end of DOMA, but no one knows until the decision (non-decision) comes down.
When is this going to happen?
Okay, so you know Supreme Court rulings on gay marriage should come down sometime in June. There aren’t many days left in June, though! SCOTUS decisions are typically handed down on Mondays and Thursdays. That’s all we know. So, you know, keep your ears open. It wasn’t Monday June 17, could it be Thursday?
TL;DR
Supreme Court rulings on gay marriage. There are two cases, but only the Prop 8 ruling could directly affect Texas. If the court decides that same-sex marriage bans are unconstitutional, it would strike down the state’s constitutional ban.
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