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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.

Islamic Indoctrination in GA Schools?

By Allison Fick1443711221281

Islamic indoctrination in public school is occurring right here in our backyard. As we previously reported , the core tenets of Islam are being taught in public schools in a way that could violate the U.S. Constitution. Other religions, such as Christianity, are barely covered. Recently, reports...

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ECLJ Fights for Life & Liberty

By Joseph Williams1443106754103

Our affiliates around the world continue to stand up for the dignity of every human life, no matter how small. Whether working to help save child brides from sex abuse or defending Israel before the International Criminal Court (ICC ), our work is increasingly global in nature. And now, the...

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Questions about Islamic Indoctrination

By CeCe Heil1442525145017

Each and every victory in the fight against Islamic indoctrination in our public schools is significant. As we previously reported , students in Tennessee have been forced to recite the Islamic conversion creed, “There is no God but Allah, and Muhammad is his messenger.” Tenets and fundamental...

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ACLJ Fights Back Against FFRF

By Jay Sekulow1441738906169

On behalf of over 75,000 Americans , the ACLJ has just sent out a comprehensive legal letter rebutting the Freedom From Religion Foundation’s (FFRF) meritless assertions that football team chaplains are unconstitutional. The FFRF’s latest effort to foist its wrong-headed interpretation of the...

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