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The Same-Sex Marriage Cases

By ACLJ.org1372262403000

Earlier this morning the Supreme Court of the United States struck down Section 3 of the Defense of Marriage Act and held that the supporters of Proposition 8 in California did not have standing to defend Prop 8 in federal court. 

You can read the DOMA ruling here.

You can read the Prop 8 ruling here.

Essentially, the DOMA ruling means that the federal government must provide the same benefits to same-sex spouses as opposite-sex spouses, if the same-sex marriage has been lawfully performed.  In other words, if a gay couple is married in a state that recognizes gay marriage, then the federal government will recognize that marriage on the same basis as a traditional marriage.

The Prop 8 ruling is far more complex, but the bottom line is that it likely clears the way for same-sex marriage in California.  It does not, however, have any real implications for marriages outside of California.

Critically, neither ruling establishes a federal, constitutional right to same-sex marriage.  Those states that have marriage amendments defining marriage as the union of a man and woman are untouched by these rulings.  Those states that recognize same-sex marriage are similarly untouched.

The bottom line?  The definition of marriage is reaffirmed as a matter primarily of state law, not federal law.  The issue goes back to the states, and for the foreseeable future, states will continue to define the parameters of lawful marriage.

Church Wins Equal Use Challenge

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When a Church was discriminated against and prevented from advertising a Vacation Bible School on a community messaging board – which was open to all – we took action, and today, we’re happy to report a major victory. Earlier this month, a church in Bancroft, Michigan faced a religious liberty and...

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Exposed: Christian Students Rejected

By Matthew Clark1436901768253

Public colleges and universities are taking the gloves off when it comes to Christian students on their campuses. Gone are the days of surreptitious slights against Christians; now it is open season on faith. Blatant, in-your-face anti-Christian discrimination is the new norm. Christian students...

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Prevailing Against Discrimination

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Religious liberty victories come in all shapes and sizes, and here at the ACLJ, we are excited to celebrate each and every one of them. On June 18, 2015, a 10th grade student in Bowie, Maryland turned in a community service report form to satisfy her school’s community service requirement. She had...

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Bill Adopts ACLJ Recommendations

By Nathanael Bennett1436805357810

A major funding bill in Congress has adopted specific recommendations the ACLJ has been fighting for to defend persecuted Christians across the globe. Earlier this spring, ACLJ Chief Counsel Jay Sekulow testified before a subcommittee of the U.S. Senate Appropriations Committee . The main thrust of...

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