This morning ( 06.26.13), the U.S. Supreme Court struck down section
 3 of the Defense of Marriage Act (DOMA) and dismissed an appeal of 
California’s Proposition 8 on grounds of standing. But what does this 
mean? What are the implications of the court decisions? Here’s the good,
 the bad and the ugly from today’s rulings:
The Good:
The court did not claim to have discovered a fundamental “right” to 
marry. If it had done so, it could have imposed a redefinition of 
marriage on the entire country, forcing widespread recognition of “gay 
marriage.” Instead, the court chose to issue a more limited ruling, 
saying in its DOMA decision that the states are free to define marriage 
as they see fit, but if they choose to 
recognize same-sex “marriage,” the federal government must acknowledge 
these “marriages” alongside the marriages of one man and one woman. 
States are still free to hold a view of marriage as one man, one woman 
if they choose to do so. This is a silver lining on a court decision 
that could have been absolutely devastating.
The Bad:
Overturning DOMA means that the federal government will recognize “gay 
marriage” in the states that allow it. This will affect more than 1,000 
regulations and legal provisions, and could have a sweeping impact on 
both the legal and cultural understanding of what marriage is. And by 
dismissing Prop 8, the court is allowing a lower ruling to stand, paving
 the way for “gay marriage” in California. In addition, since the 
federal government must acknowledge all state-recognized marriages, 
there will be increased pressure on the states to redefine marriage.
The Ugly:
The majority opinion in DOMA makes the claim that those who 
support the law do so in order to “disparage,” “injure,” “degrade,” 
“demean” and “humiliate” gay individuals. This is very bad news for 
those who defend marriage not out of animus or hatred but because they 
believe that marriage is rooted in divine and natural law and is not 
ours to redefine. As Justice Scalia explained in a scathing dissent, the
 court today has declared those who oppose a redefinition of marriage to
 be “enemies of the human race.” Supporters of marriage as it has been 
understood by virtually every society throughout human history need to 
be prepared for social persecution, since even the nation’s high court 
now assumes that defending marriage is based on hatred and bigotry 
rather than a natural understanding of the sacred purpose of human 
sexuality. Defenders of marriage may find that their rights to voice 
their beliefs and live according to them are quickly eroding after this 
court decision.
Thursday, July 04, 2013
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