Politics & Government

DOMA Ruled Unconstitutional: Implications for Maryland

The Defense of Marriage Act and California's Proposition 8 were both struck down by the Supreme Court Wednesday.

This article was reported an written by Patch Field Editor Tyler Waldman.

The Supreme Court of the United States on Wednesday struck down the Defense of Marriage Act, entitling all married same-sex couples to federal recognition and benefits.

CNN reports the vote was 5-4, with Justice Anthony Kennedy, who wrote the opinion, sided with the court's liberal wing. Chief Justice John Roberts, Justice Antonin Scalia and Justice Samuel Alito wrote dissents.

The Supreme Court dismissed a case on Proposition 8 due to standing, so a lower court ruling against the measure stands, and same-sex couples will be allowed to marry in California.

The DOMA ruling means married couples in Maryland will be entitled to tax benefits, legal privileges and other rights previously only available to heterosexual couples.

The court is also set to rule Wednesday on a challenge to Proposition 8, a successful 2008 California ballot initiative that banned same-sex marriage there.

Maryland was one of three states to approve same-sex marriage at the ballot box in 2012, after a General Assembly bill was petitioned to referendum. With the court's ruling on the California law, same-sex marriage is currently legalized or set to become legalized in Washington, DC and 13 states, including neighboring Delaware (where a law is set to go in effect on July 1).

In February, Maryland Attorney General Doug Gansler filed briefs with the Supreme Court supporting the challenges to the Defense of Marriage Act and California's Proposition 8.

"The Supreme Court got it right," Gansler Tweeted in the first of several posts about the rulings.

"Thrilled beyond belief," Doreen A. Mannion commented on Bowie Patch's Facebook Page after learning about the decision. 

"I think that it's a good step forward, but it still leaves a lot to be done," Bowie Patch reader Brian Greene commented.

Bowie resident Emily Moon agreed with Greene. 

"I think it is great!! Homosexuals deserve as much right to be married and receive benefits as heterosexuals do!!! This is a stepping stone as there is a long way to go!!!" Moon wrote. 

Maryland Comptroller Peter Franchot Tweeted that he was "proud" of the Supreme Court's ruling.

Gov. Martin O'Malley, long a champion of Maryland's same-sex marriage legislation, also applauded the DOMA ruling on Twitter, writing that the court affirmed "that the way forward is always found through equal rights & respect for human dignity."

He noted in a statement issued later, that this is a big step forward, there is still work to be done to achieve equal rights nationwide.

“As Marylanders, and as Americans, we ultimately all want the same thing for our children: to live in a loving, stable, committed home protected equally under the law," O'Malley said in a statement.



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