Today’s Big Rainbow Push: DOMA and Prop 8 Struck Down

         Today was a historic day for the rights of GLBT Americans across our country. In two cases, which have been highly anticipated for the last few weeks, the Supreme Court of the United States sided with the rights of gays and lesbians. While many conservatives around the country are outraged by this decision, I am excited to see a country that is shifting towards more love and understanding. We learned a lot from today’s decision, and I will try to cover the big picture in this post. 

  For one, we learned that DOMA, which has been in place since the 1990s’ is out of date and out of touch. In the case brought before the court, Edie Windsor was fighting the fact that she had to pay extra taxes after her female partner’s death when she would not have to pay those taxes if she was married to a man. The court stated in its opinion that the fact that she had to pay these taxes was unconstitutional, and it had some strong language that may lead to bigger victories in gay rights in the upcoming days. The opinion also put strong emphasis on the fact that federal recognition of GLBT families, which DOMA outlawed, should occur, and it threw a wrench into the idea that gays are less than their heterosexual counterparts in the eyes of the federal government. 

   The second ruling the court reached today stated that Prop 8, a California law to ban same-sex marriage, was unconstitutional. In the court’s opinion, they stated that the court’s decision in California, which found the state’s ban on gay marriage to be unconstitutional, was valid. In laymen’s terms, they pretty much said that California’s going to be getting gay marriage pretty soon. This means that Cali will be the thirteenth state where gay marriage is legal, and it gives the gay rights movement one more big push into the future. 

   What surprised a LOT of people in the Prop 8 case was exactly how the judges voted. Especially the fact that Sotomayor, one of the most liberal judges on the court, went against her colleagues and sided with the people of California who voted to outlaw same-sex marriage in 2008. The reason she voted the way that she did is unknown, but I’m sure the answer will be coming out sooner rather than later. It is, after all, the biggest question of today, and this issue will be in the media for weeks to come. 

   In the meantime, it’s time for all of us to celebrate a major victory. Yes, I am a conservative, and I am happy at the decision the court made. While there are some within my movement who are angry and bitter over the decision, the fact is that there are slowly becoming more conservatives like me who are standing up for tolerance and justice for all. It’s the only way we are going to be able to ensure “liberty and justice for all” in the future, and it’s the only way that we can truly say that we stand for the constitution as a movement. Today was a victory for all, and it truly is a historic day in American history. 

May God Bless America, 

The Generation X Conservative 


3 thoughts on “Today’s Big Rainbow Push: DOMA and Prop 8 Struck Down

  1. I believe that whatever “history” was made today was fairly limited, especially when you look at what the Justices actually wrote. We got an outcome that looks something like this:

    1. The federal government must comply with each state’s definition of marriage (ignoring it is unfair discrimination).
    2. The Court explicitly refused to endorse gay marriage
    3. The Court decided to avoid a decision that would prevent statewide bans on gay marriage

    There’s no sweeping ruling in there, and I wouldn’t say there’s much history in their either.

    • I see your point, but I am a realist. I never expected the court to allow gay couples to marry or to make it illegal for states to ban gay marriage. The fact is that today was more of a victory for the GLBT community when it comes to things more real than marriage (aka taxes and federal recognition)). It means that same-sex couples won’t have to pay huge amount of taxes if their partner dies that they would have had to pay in the past (if they marry in a state where gay marriage is legal). It is not the best outcome, but it means a lot for GLBT people when it comes to their financial rights as married individuals.

      • True, true. I just wanted to emphasize that the only people who benefited from the Court’s decision are people already living in states where gay marriage is legal.

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