Politics & Government

Supreme Court Rulings Victory for Gay Rights

SCOTUS ruled the federal ban on gay marriage is unconstitutional, and the decision is tied tightly to the Virginia governor's race.

This article was written by Todd Richissin. 

The Supreme Court of the United States ruled Wednesday the Defense of Marriage Act, which prevented the federal government from giving benefits to same-sex couples who married legally under state law, was unconstitutional.

Justice Anthony Kennedy, who wrote the majority opinion in the 5-4 vote, called the act "invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity,” the Huffington Post reported.

The ruling means that same-sex couples will have access to more than 1,100 benefits and rights currently enjoyed by spouses in heterosexual marriages, Reuters reports.

In the same hour, the court also ruled it would not take up a case on Prop 8, a same-sex marriage ban approved by California voters in 2008, deferring to a lower-court ruling that overturned the ban, the New York Times reported. The decision means same-sex couples will likely be able to marry again in the state.

Both decisions are sure to be an issue in Virginia's 2013 governor's race.

A day before the expected ruling, Democrats were working hard to tie the issue to GOP gubernatorial candidate Ken Cuccinelli, who co-authored a January brief on the constitutionality of same-sex marriage regarding California's Proposition 8, one of the two cases on the matter before the nation's highest court.

On Tuesday, state Democratic leaders told reporters that Cuccinelli has worked to keep gay and lesbian Virginians as "second-class citizens." His running mate, the Rev. E.W. Jackson, has called gays “very sick people psychologically” and suggested a connection between homosexuality and pedophilia.

In a statement Wednesday, Cuccinelli campaign manager Dave Rexrode said the attorney general "has always believed that marriage should be between a man and a woman," and he would continue to fight to ensure it stays that way in Virginia.

"Going forward, he will continue to defend the will of the people of Virginia, an overwhelming majority of whom voted to protect the definition of traditional marriage under Virginia's Constitution," Rexrode said.

Brian Gottstein, director of communications for Cuccinelli's attorney general office, said the court's two decisions won't affect Virginia.

In an email to Patch, Gottstein said the state "has followed the traditional definition of marriage as being between one man and one woman for more than 400 years, and Virginians voted overwhelmingly to add this traditional definition to their constitution."

Filing the January brief to protect that definition was part of Cuccinelli's legal duty to "to vigorously defend Virginia's laws when they are challenged."

The Supreme Court's decision in California’s Proposition 8 case won't change marriage laws in other states like Virginia, Gottstein said.

Stephen Farnsworth, a political science professor at the University of Mary Washington, said the rulings would likely make gay marriage a bigger talking point in the months leading up to the November 5 election.

But Gottstein is right – the decisions don’t effect Virginia’s constitution, and amending that could take time, Farnsworth said.

"Any change in Virginia’s constitution would be a long-term process," Farnsworth said. "The Republican majority in the House of Delegates is very much under the control of Christian conservatives. In the foreseeable future, I don’t imagine a floor vote on a gay marriage question, much less passage.”

Cuccinelli's Democratic opponent, Terry McAluiffe, has said he supports civil marriage for same-sex couples but that a measure to reverse the ban on same-sex unions would have to pass the Virginia House of Delegates, which is controlled by Republicans.

"I applaud the Supreme Court for their decision today because everyone should be treated equally," McAuliffe said in a statement. "While I support marriage equality, I understand that this is an issue that Virginians of goodwill come down on both sides of.  This decision moves our nation in the right direction, but there is more to be done to ensure we have equality for all."

McAuliffe's running mates also celebrated the historic decisions.

"I am running to put a stop to the divisive agenda that has been a roadblock to progress here in Virginia, and as Lieutenant Governor I will work to further the cause of equality because discrimination has no place in our Commonwealth," said State Sen. Ralph Northam (D-Norfolk), Democratic candidate for lieutenant governor.

State Sen. Mark Herring (D-Loudoun), Democratic candidate for attorney general, said the decision was a step forward for the nation and hoped Virginia would one day follow suit.

“As Attorney General, I will protect the civil rights of all Virginians and use the powers of the office to promote equality while we work to change Virginia’s current law which prohibits same-sex marriage," he said in a statement.

Jackson could not be reached for comment.

In 2006, Virginians voted to amend the state constitution to define marriage as only between a man and a woman. In the 2013 session, a group of 22 Virginia delegates, all Democrats, rallied to repeal that amendment, but failed.

 A poll on gay marriage published last month by The Washington Post, though, showed attitudes have changed sharply, with 56 percent of Virginians feeling gay marriage should be legal.

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