On what Catholic bishops called a “tragic day for marriage and our nation”, the United States Supreme Court has issued two major rulings in support of same-sex marriage.
The court struck down a key provision of the Defense of Marriage Act (DOMA), defining marriage as between one man and one woman, and refused to rule on a challenge to a Californian court decision in favour of gay marriage.
By clearing the way for same-sex marriage in California, the court effectively increased to 13 the number of states that allow it.
In the first case, the court ruled 5-4 that DOMA violated the constitution insofar as it denied federal benefits to same-sex couples legally married in their own states.
Writing for the majority, Justice Anthony Kennedy argued that the marriage laws are controlled by the states, and the federal government cannot deny benefits to people who are legally married under state law.
“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,” said Kennedy, who is a Catholic.
In an angrily worded minority opinion, Justice Antonin Scalia — who is also a Catholic — said the majority opinion suggested that anyone opposing same-sex marriage intends “to condemn, demean, or humiliate” others.
Rather, he explained, DOMA “did no more than codify an aspect of marriage that had been unquestioned in our society for most of its existence — indeed, had been unquestioned in virtually all societies for virtually all of human history.”
“By formally declaring anyone opposed to same-sex marriage an enemy of human decency,” Justice Scalia said, “the majority arms well every challenger to a state law restricting marriage to its traditional definition.”
A statement from the US Conference of Catholic Bishops said: “The court got it wrong.”
The bishops said: “The preservation of liberty and justice requires that all laws, federal and state, respect the truth, including the truth about marriage.”
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Image: KSFY
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