The supremes and marriage: the battle goes on BY ERIC METAXAS
Yesterday, by a 5-4 vote, the Supreme Court , as expected, overturned part of the Defense of Marriage Act , or DOMA. At the same time the Court declined to rule on California’s Proposition 8 , citing what lawyers call a “lack of standing.” Here's the bottom line: Same-sex marriage is not the law of the land. The Supreme Court did not issue a Roe v. Wade type of decision for gay marriage. Yes, DOMA is gone. But same-sex marriage in California is still up in the air, and everywhere else the battle goes on. The DOMA decision, U.S. v. Windsor, involved the estate of a woman who left everything to her same-sex spouse, a marriage recognized by the state of New York. The surviving spouse was barred from claiming the federal estate tax exemption by Section 3 of DOMA, which defines marriage as the union of one man and one woman for federal purposes. On Wednesday, the Supreme Court upheld the District and Appeals Court’s rulings that DOMA was unconstitutional. Writing for the ma...