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On this day, June 26, 2013, the Supreme Court decided United States v. Windsor and Hollingsworth v. Perry.
June 26 is sort of an unofficial Pride Day at the Supreme Court.
https://en.wikipedia.org/wiki/June_26
• 2003 – The U.S. Supreme Court rules in Lawrence v. Texas that gender-based sodomy laws are unconstitutional.
• 2013 – The U.S. Supreme Court ruled, 5–4, that Section 3 of the Defense of Marriage Act is unconstitutional and in violation of the Fifth Amendment to the United States Constitution.
• 2015 – The U.S. Supreme Court ruled, 5–4, that same-sex couples have a constitutional right to marriage under the 14th Amendment to the United States Constitution.
• 2003 – The U.S. Supreme Court rules in Lawrence v. Texas that gender-based sodomy laws are unconstitutional.
• 2013 – The U.S. Supreme Court ruled, 5–4, that Section 3 of the Defense of Marriage Act is unconstitutional and in violation of the Fifth Amendment to the United States Constitution.
• 2015 – The U.S. Supreme Court ruled, 5–4, that same-sex couples have a constitutional right to marriage under the 14th Amendment to the United States Constitution.
Not only that, but on June 26, 1969, patrons of Greenwich Village's Stonewall Inn were losing their patience.
Back to today's decisions:
United States v. Windsor
Argued: March 27, 2013
Decided: June 26, 2013
Full case name: United States, Petitioner v. Edith Schlain Windsor, in Her Capacity as Executor of the Estate of Thea Clara Spyer, et al.
Holding:
Section 3 of the Defense of Marriage Act, which federally defined marriage as a union between one man and one woman as husband and wife, is unconstitutional under the guarantee of equal protection that is prescribed by the Due Process Clause of the Fifth Amendment to the Constitution of the United States of America. The federal government must recognize same-sex marriages that have been approved by the states as legitimate. Second Circuit affirmed.
Case opinions:
Majority: Kennedy, joined by Ginsburg, Breyer, Sotomayor, Kagan
Dissent: Roberts
Dissent: Scalia, joined by Thomas; Roberts (Part I)
Dissent: Alito, joined by Thomas (Parts II and III)
Laws applied:
U.S. Const. Art. III, U.S. Const. amend. V; Defense of Marriage Act § 3
United States v. Windsor, 570 U.S. 744 (2013), is a landmark United States Supreme Court civil rights case concerning same-sex marriage. The Court held that Section 3 of the Defense of Marriage Act (DOMA), which denied federal recognition of same-sex marriages, was a violation of the Due Process Clause of the Fifth Amendment.
Edith Windsor and Thea Spyer, a same-sex couple residing in New York, had their marriage recognized by the state of New York in 2008; Spyer died in 2009, leaving her entire estate to Windsor. Windsor sought to claim the federal estate tax exemption for surviving spouses, but was barred from doing so by Section 3 of DOMA. Seeking a refund, Windsor sued the federal government in the U.S. District Court for the Southern District of New York. As the Department of Justice declined to defend the constitutionality of Section 3 of DOMA, the Bipartisan Legal Advisory Group (BLAG) intervened to defend the law. District Judge Barbara S. Jones ruled that Section 3 of DOMA was unconstitutional, and her ruling was affirmed by the U.S. Court of Appeals for the Second Circuit.
The Supreme Court granted certiorari in December 2012 and handed down its judgment on June 26, 2013. In the majority opinion, which was joined by four other justices, Justice Anthony Kennedy declared Section 3 of DOMA to be unconstitutional "as a deprivation of the liberty of the person protected by the Fifth Amendment". He further wrote: "The federal statute is 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." Four justices filed dissenting opinions, including Justice Antonin Scalia, who argued that the Court had "no power under the Constitution to invalidate this democratically adopted legislation".
On the same day, the Court also issued a separate 5–4 decision in Hollingsworth v. Perry that effectively allowed same-sex marriage in California to resume. Following the decision, the Obama administration began to extend other federal rights, privileges, and benefits to married same-sex couples. Two years later, in the case of Obergefell v. Hodges (2015), the Court struck down all state bans on same-sex marriage, ruling that marriage is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause.
{snip}
Argued: March 27, 2013
Decided: June 26, 2013
Full case name: United States, Petitioner v. Edith Schlain Windsor, in Her Capacity as Executor of the Estate of Thea Clara Spyer, et al.
Holding:
Section 3 of the Defense of Marriage Act, which federally defined marriage as a union between one man and one woman as husband and wife, is unconstitutional under the guarantee of equal protection that is prescribed by the Due Process Clause of the Fifth Amendment to the Constitution of the United States of America. The federal government must recognize same-sex marriages that have been approved by the states as legitimate. Second Circuit affirmed.
Case opinions:
Majority: Kennedy, joined by Ginsburg, Breyer, Sotomayor, Kagan
Dissent: Roberts
Dissent: Scalia, joined by Thomas; Roberts (Part I)
Dissent: Alito, joined by Thomas (Parts II and III)
Laws applied:
U.S. Const. Art. III, U.S. Const. amend. V; Defense of Marriage Act § 3
United States v. Windsor, 570 U.S. 744 (2013), is a landmark United States Supreme Court civil rights case concerning same-sex marriage. The Court held that Section 3 of the Defense of Marriage Act (DOMA), which denied federal recognition of same-sex marriages, was a violation of the Due Process Clause of the Fifth Amendment.
Edith Windsor and Thea Spyer, a same-sex couple residing in New York, had their marriage recognized by the state of New York in 2008; Spyer died in 2009, leaving her entire estate to Windsor. Windsor sought to claim the federal estate tax exemption for surviving spouses, but was barred from doing so by Section 3 of DOMA. Seeking a refund, Windsor sued the federal government in the U.S. District Court for the Southern District of New York. As the Department of Justice declined to defend the constitutionality of Section 3 of DOMA, the Bipartisan Legal Advisory Group (BLAG) intervened to defend the law. District Judge Barbara S. Jones ruled that Section 3 of DOMA was unconstitutional, and her ruling was affirmed by the U.S. Court of Appeals for the Second Circuit.
The Supreme Court granted certiorari in December 2012 and handed down its judgment on June 26, 2013. In the majority opinion, which was joined by four other justices, Justice Anthony Kennedy declared Section 3 of DOMA to be unconstitutional "as a deprivation of the liberty of the person protected by the Fifth Amendment". He further wrote: "The federal statute is 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." Four justices filed dissenting opinions, including Justice Antonin Scalia, who argued that the Court had "no power under the Constitution to invalidate this democratically adopted legislation".
On the same day, the Court also issued a separate 5–4 decision in Hollingsworth v. Perry that effectively allowed same-sex marriage in California to resume. Following the decision, the Obama administration began to extend other federal rights, privileges, and benefits to married same-sex couples. Two years later, in the case of Obergefell v. Hodges (2015), the Court struck down all state bans on same-sex marriage, ruling that marriage is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause.
{snip}
Hollingsworth v. Perry
Argued: March 26, 2013
Decided: June 26, 2013
Full case name: Dennis Hollingsworth, et al., Petitioners v. Kristin M. Perry, et al.
Holding:
After lower courts ruled that California's ban on same-sex marriage was an unconstitutional violation of the right to equal protection under the law, the Supreme Court ruled that same-sex marriage opponents did not have standing to intervene as they could not demonstrate that they were harmed by the decision.
Case opinions:
Majority Roberts, joined by Scalia, Ginsburg, Breyer, Kagan
Dissent Kennedy, joined by Thomas, Alito, Sotomayor
Laws applied:
U.S. Const. Art. III
Hollingsworth v. Perry was a series of United States federal court cases that re-legalized same-sex marriage in the state of California. The case began in 2009 in the U.S. District Court for the Northern District of California, which found that banning same-sex marriage violates equal protection under the law. This decision overturned California ballot initiative Proposition 8, which had banned same-sex marriage. After the State of California refused to defend Proposition 8, the official sponsors of Proposition 8 intervened and appealed to the Supreme Court. The case was litigated during the governorships of both Arnold Schwarzenegger and Jerry Brown, and was thus known as Perry v. Schwarzenegger and Perry v. Brown, respectively. As Hollingsworth v. Perry, it eventually reached the United States Supreme Court, which held that, in line with prior precedent, the official sponsors of a ballot initiative measure did not have Article III standing to appeal an adverse federal court ruling when the state refused to do so.
The effect of the ruling was that same-sex marriage in California resumed under the district court trial decision from 2010. Other findings from the trial decision, including Judge Vaughn Walker's findings of fact, remain controlling precedent for future relevant cases. The case was docketed with the Supreme Court at 570 U.S. 693 (2013) (Docket No. 12-144).
{snip}
Argued: March 26, 2013
Decided: June 26, 2013
Full case name: Dennis Hollingsworth, et al., Petitioners v. Kristin M. Perry, et al.
Holding:
After lower courts ruled that California's ban on same-sex marriage was an unconstitutional violation of the right to equal protection under the law, the Supreme Court ruled that same-sex marriage opponents did not have standing to intervene as they could not demonstrate that they were harmed by the decision.
Case opinions:
Majority Roberts, joined by Scalia, Ginsburg, Breyer, Kagan
Dissent Kennedy, joined by Thomas, Alito, Sotomayor
Laws applied:
U.S. Const. Art. III
Hollingsworth v. Perry was a series of United States federal court cases that re-legalized same-sex marriage in the state of California. The case began in 2009 in the U.S. District Court for the Northern District of California, which found that banning same-sex marriage violates equal protection under the law. This decision overturned California ballot initiative Proposition 8, which had banned same-sex marriage. After the State of California refused to defend Proposition 8, the official sponsors of Proposition 8 intervened and appealed to the Supreme Court. The case was litigated during the governorships of both Arnold Schwarzenegger and Jerry Brown, and was thus known as Perry v. Schwarzenegger and Perry v. Brown, respectively. As Hollingsworth v. Perry, it eventually reached the United States Supreme Court, which held that, in line with prior precedent, the official sponsors of a ballot initiative measure did not have Article III standing to appeal an adverse federal court ruling when the state refused to do so.
The effect of the ruling was that same-sex marriage in California resumed under the district court trial decision from 2010. Other findings from the trial decision, including Judge Vaughn Walker's findings of fact, remain controlling precedent for future relevant cases. The case was docketed with the Supreme Court at 570 U.S. 693 (2013) (Docket No. 12-144).
{snip}
Wed Jun 26, 2024: On this day, June 26, 2003, the Supreme Court handed down its decision in Lawrence v. Texas.
Mon Jun 26, 2023: On this day, June 26, 2003, Lawrence v. Texas, reaffirming a right to privacy, was decided.
Sun Jun 26, 2022: On this day, June 26, 2003, Lawrence v. Texas was decided.
Sat Jun 26, 2021: On this day, June 26, 2003, Lawrence v. Texas was decided.
Fri Jun 26, 2020: On this day, June 26, at SCOTUS: Lawrence v. Texas, United States v. Windsor, Obergefell v. Hodges
Wed Jun 26, 2019: June 26, Equal Rights Day at SCOTUS: Lawrence (2003), Windsor and Perry (2013), Obergefell (2015)
Fri Jun 26, 2015: UPDATED: Marriage Equality Granted 5 to 4
Wed Jun 26, 2013: BREAKING: Supreme Court Says DOMA Is Unconstitutional
For more articles, see DU's archives:
https://www.democraticunderground.com/?com=archives&date=2015x6x26
https://www.democraticunderground.com/?com=archives&date=2013x6x26