Washington Post columnist Jonathan Capehart writes that this week's decision in Windsor v. United States overturning the Defense of Marriage Act signals a large-scale shift in discrimination against the LGBT community. Capehart argues that DOMA, which doesn't recognize same-sex marriage, is plain discrimination and the victory could create ripples that reach states like California, where Proposition 8 passed.
The Windsor and Gill cases are not seeking any kind of special rights. The couples involved in these cases were legally married. They just want their unions recognized by the federal government. Something DOMA precludes. The Supreme Court will decide next month whether it will take up either or both of these cases in the current term.
"We are at a monumental tipping point as the Supreme Court stands poised to review a law that has resulted in treating gays and lesbians as second-class citizens," Human Rights Campaign President Chad Griffin told me yesterday.
As for Proposition 8, which made California's marriage equality law illegal and wrote discrimination into the Golden State's constitution, the high court might take a pass. And if it does, the 9th Circuit Court of Appeals' decision that Prop 8 is unconstitutional would stand. Same-sex couples could be able to marry there within weeks of the Supreme Court's decision.
Read Jonathan Capehart's entire piece at the Washington Post.
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