The Same-Sex Marriage Cases: What Happened and What they Mean | American Center for Law and Justice
  Search  |  Login  |  Register

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.

History Curriculum Will Be Reviewed

By Carly F. Gammill1447949333690

Islamic indoctrination in our public schools is a concern to parents across America. Parents are questioning local school districts’ choice of curriculum and teaching methods regarding this issue and with good cause. When public middle school students are required to recite Muslim prayers and...

read more

Protecting Those Who Protect US

By Benjamin P. Sisney1447104682935

Our men and women in uniform put their lives on the line every day to defend us, our Constitution, and our way of life. Yet, their own constitutional freedoms are under attack. Here are a few examples. Remember Lance Corporal Sterling ? The Marine whose superior officer ordered her to take down...

read more

VICTORY: Court to Hear Major Case

By Laura Hernandez1446216275805

The United States Court of Appeals for the Armed Forces has just agreed to hear a major religious liberty case, United States v. Sterling , which could have a dramatic impact for the religious liberty of our brave men and women in uniform. In this case, Lance Corporal Sterling, a devout Christian,

read more

One Nation Under Allah?

By CeCe Heil1444318791708

Islamic indoctrination is happening in public schools all across America. Over the past few months, we have updated you on some of the Islamic indoctrination happening in Tennessee and Georgia. However, these are not isolated events – it’s a nation-wide epidemic that has been brewing for a while.

read more