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Here are 3 Amazing Reactions to Today’s Gay Marriage Victories

Here are 3 Amazing Reactions to Today’s Gay Marriage Victories

Wednesday, the Supreme Court of the United States struck down Section 3 of DOMA and allowed to stand a lower court’s overturning of Proposition 8. Here are a few highlights of the aftermath of this amazing day.

Edith Windsor, plaintiff in the DOMA case Windsor v. United States, is said to have been overjoyed when she received the news of her victory while with friends at her attorney Roberta Kaplan’s apartment. “I wanna go to Stonewall right now!” she is quoted as saying before calling a friend to tell them, “Please get married right away!”

A little later on in the day, Windsor at a press conference gave her reaction to Wednesday’s momentous win, saying, “We won everything we asked and hoped for.”

During the press conference, which you can watch in full here, Windsor detailed the life story that had led her to this point, how for 40 years she had loved her spouse Thea Spire before Thea sadly died in 2009, just two years after they were married in Canada.

Due to Section 3 of the Defense of Marriage Act (DOMA), which bars the federal government from recognizing same-sex marriages for the purpose of federal benefits and tax breaks, Windsor faced a bill in excess of $300,000 on Spyer’s estate. She decided to fight this case despite her own ill health and warnings from other equality fighters who thought her chances of winning were slim.

Windsor, now a seemingly robust 83, has emerged as a woman of mettle whose irascible spirit has captured the hearts of Americans. With today’s victory, Edith Windsor’s place in history is cemented, the love she shared with Thea forever laid out as a great engine in this arc of change.

So what effects will the DOMA decision have?

Well, the full scope of the Windsor outcome will have to be teased out in the coming days and weeks. However, some effects have been immediate.

For instance, Defense Secretary Chuck Hagel has announced that the Pentagon will grant equal benefits to gay service members and their families, something that despite the DADT repeal, the military had not been able to do before.

In terms of the broader rights landscape, DOMA Section 3 prevented same-sex couples from accessing more than 1,000 federal benefits, several of them having to do with taxes. Those will now be available to same-sex couples and the Obama administration has already said it will move to cater for this change as quickly as possible.

The demise of DOMA Section 3 is also a boon for binational same-sex couples who previously could not sponsor their spouse for a marriage based green card. An overview of this issue can be found here.

Find out the amazing effect that had today on someone who was about to be deported — and stopped it just in time.

What today’s ruling does not change is DOMA Section 2′s effects, language that says states do not have to recognize same-sex marriages carried out in other states. This, especially when it comes to taxes, may still be problematic. A more thorough analysis of that issue can be found here.

Proposition 8

The other big case handed down today was the Proposition 8 decision.

Hear in the video below what lead plaintiffs Kris Perry and Sandy Stier said about this victory:

In case you thought you were going to get away without shedding a tear, at the same press conference, plaintiff Paul Katimi asked his partner Jeff Zarrillo to marry him. Watch it below:

Proposition 8 was of course enacted as a 2008 California state ballot initiative, placing language in the state constitution to define away marriage equality that had been recognized by the state supreme court just a few months before.

An unprecedented legal case was born in which the state refused to defend the law, meaning Proposition 8 backers had to step in to defend the amendment.

In 2010, Judge Vaughn Walker ruled that Proposition 8 failed even the lowest form of judicial scrutiny and struck down Proposition 8, noting at the time that a fundamental right to equal access to marriage does exist under the Constitution.

Last year, the Ninth Circuit Court of Appeals upheld that ruling, though on narrower grounds, saying that Proposition 8 indeed violated constitutional guarantees of equality.

So what does today’s ruling mean?

The Supreme Court refused to issue a judgement in this case because, they argued, Proposition 8′s supporters lacked the authority to have made their appeal to the Court and thus the Court also lacked jurisdiction. In so doing, the Court side-stepped issuing a ruling on whether a fundamental right to same-sex marriage exists.

This means that the Proposition 8 ruling’s scope is confined to California and is not precedent setting.

However, it remains a significant victory for its strong statement that a majority cannot vote away a minority’s right to marriage equality and of course for the fact that, in the next few months, same-sex marriage will once again be legal in the state of California.

On a more personal note

Finally, as someone who has followed DOMA and then also Proposition 8 for almost five years now, I thought I would break with my usual convention and offer a personal comment on this victory.

There have been a great many people who started this fight but couldn’t finish it, and my mind returns to the Thea Spyres and Ed Watsons who were harmed irrevocably and irreversibly by the discrimination these curses of legal inequity have caused.

Wednesday’s decisions bring a small amount of justice, however delayed, and that must be recognized.

In a more hopeful turn, I think too of those children who will return to school in the next few months knowing now that the America they will one day step into as adults is closer to fulfilling its promise of equal treatment under the law.

I think too of the Care2 members who have commented on stories like this and signed petitions to tell of their hope that a day like today might arrive, that DOMA would be repealed and Proposition 8 would be struck down.

I think of you, I think of Edith Windsor, I think of Kris Perry and Sandy Stier and Paul Katimi and Jeff Zarrillo and everyone in the unseen but still vital history of these cases, and I think how privileged I have been to witness such valor and courage.

And I think, truly, this is a month to be proud.

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Image credit: Ted Eytan via flickr

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230 comments

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10:34PM PDT on Oct 19, 2013

Wow this is great news! Hats off to everyone who made it happen!

7:55AM PDT on Aug 5, 2013

thanks

12:22AM PDT on Aug 1, 2013

We are created equal under the constitution. This means it applies across the board, from military to recognizing same sex marriages. Having these actually helps our country, not take away from anything.

3:32AM PDT on Jul 30, 2013

Someone mentioned Westboro Babtist Church so I goggled it: Just can't believe there are people with so much hat. how are they legally conducting their affairs in US? "An alliance of six UK religious groups (the Baptist Union of Great Britain, Evangelical Alliance UK, Faithworks, Methodist Church of Great Britain, United Reformed Church and Bible Society-funded thinktank Theos) made a joint statement on February 19, 2009 in support of the government's decision and condemning the activities of the Westboro Baptist Church saying, "We do not share [Westboro's] hatred of lesbian and gay people. We believe that God loves all, irrespective of sexual orientation, and we unreservedly stand against their message of hate toward those communities."[150][151]"

3:12AM PDT on Jul 30, 2013

I feel that religion is a personal choice and the belief of god is also personal. No one has the right to force their beliefs on to others. One's sexuality has no connection towards a religion or god. I know people who are straight and agnostic or atheist and those who are gay and lesbian who are Hindus Christians or Jews, same vise verse. I'm agnostic and whether I believe in god or not is really non of your business that is my relationship with god and let god deal with it, stop interfering in gods matters. As with this victory I have the entire world will have equal rights for people despite their sexuality. I think those who don't want to be gay don't have too, just let those who want to be whatever that is be that's it simple as that.

10:30PM PDT on Jul 3, 2013

Frankly, I'm insulted and appalled that homophobes assume the LGBT community hates God and they're so selfish that they won't "share" God and let us live our lives in peace and the way God created us. Well, homophobes, God is on our side, obviously, with the victories we achieved. Thank you God for your hand of justice, love, and equality.

12:15PM PDT on Jul 2, 2013

Equality for all!

8:17PM PDT on Jul 1, 2013

Don't get me wrong here. I am not in anyway defending Darryll G. or the crazy preacher, but I do prefer to stick to facts as much as I am able.

I don't think that the pamphlets were directly encouraging or condoning violence against LGBT people. If anyone has read a part of the pamphlets in question that I missed please let me know.

It was the hatred part that got him in trouble. It would seem that Canadian Law prohibits hate speech as opposed to how such speech is handled in the USA. His written words were derogatory and demeaning toward a group of people (not to mention inaccurate) and that is not legal in Canada apparently. Even though sometimes I wish it were the case in the USA, I am glad it is not. When people like this preacher or even Darryll G. speak their hate they are exorcising their rights to free speech, even if it does make them look ridiculous. Only when they attempt to insight violence does their speech become a true problem in the eyes of the law.

5:20PM PDT on Jul 1, 2013

Linda M.
“He was spreading pamphlets condoning violence and hatred against GLBT people and was told to curtail such behaviour or he would be charged with hate speech. This is the only incident with which I am familiar. He did so. According to Darryl, he seems to imply preachers are being burned at the stake by the hundreds.”

For some ppl it's easier to pull merde out their sphincters than to deal with the facts. I find it interesting how they vehemently demand the right to hate and kill another living being with a firearm. And then get all 'shocked', 'aghast' and 'vapor locked' when others demand their civil rights be honored. I don't think they are capable of grasping the concept of true equality.

5:09PM PDT on Jul 1, 2013

Ah, the pamphlet, while disgusting, doesn't really sound worse what the Westboro nuts spout. I agree with Timothy and Kevin that I prefer the US's free speech laws. Apparently Canada has specifically banned the Westboro church from their country, he, he, can't say I blame them, but I do prefer free speech.

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