The Supreme Court of the United States has struck down the Defense of Marriage Act in a 5 to 4 decision. Justice Kennedy sided with the more liberal members of the court which will force the federal government to recognize same sex marriages in the twelve states that offer them.
In another ruling, the court has indicated that the case before them concerning Proposition 8 was improperly before them. They ruled that the people who brought the case did not have standing. Standing is the legal term for the ability of a party to demonstrate to a court sufficient connection to and harm from the law or action challenged to support that party’s participation in the case. The 5 to 4 ruling means same sex couples in California will likely be able to marry within thirty days.
Neither of the rulings were sweeping, which means that those same sex couples in states with marriage bans are not affected by the rulings. However, expect more legal cases concerning these bans. For example, legally married same sex couples who move to a state that does not recognize same sex marriage may have their marriage invalidated on the state and federal level. It is likely that this situation will generate additional court cases.
