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Vol. 77/No. 30      August 19, 2013

 
Courts strike down
discriminatory marriage laws
 
BY JOHN STUDER
Anti-gay discriminatory laws are being pushed back in one state after another since the Supreme Court struck down the 1996 Defense of Marriage Act June 26 as unconstitutional because it prevents gays from receiving spousal benefits available to heterosexual couples.

The June 26 ruling means same-sex couples in the 12 states where their marriages are held to be legal are entitled to file joint federal tax returns, collect Social Security survivor benefits, be free from tax liabilities in certain inheritances when their spouse dies, and other matters covered by federal law.

On July 22 federal Judge Timothy Black in Cincinnati suspended a 2004 Ohio law banning recognition of same-sex marriages from other states.

In Detroit June 28 federal Judge David Lawson issued a temporary order striking down a Michigan law denying family health insurance to public employees who are gay and their companions, pending the trial in that case.

The Supreme Court’s ruling reflects swiftly changing attitudes among working people and others, toward discriminatory marriage laws that deny equal protection to individuals on the basis of their gender or sexual orientation, as well as widespread opposition to government intrusion on people’s private affairs.

These changing attitudes within the working class strengthen workers’ unity and capacity to be the standard bearers in the fight against all forms of discrimination.

On Aug. 1, Rhode Island and Minnesota became the 12th and 13th states to legalize same-sex marriage.

The shift has caused both Democratic and Republican politicians to scramble to change their opposition to same-sex marriage laws. The same day the Supreme Court issued its ruling on DOMA, it also declined to rule on a second case, Hollingsworth v. Perry, involving lower court rulings declaring unconstitutional Proposition 8, a 2008 California voter initiative that banned same-sex marriage. This means same-sex marriage is legally recognized in California.

Laws on the books in 29 other states against recognizing same-sex marriages still stand, for now.  
 
 
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