Gay marriage: Legal in MA, illegal in MO. What now?

[GLWasteful]

@kunilou

As far as I know, the Surpeme Court has not ruled that the law (DOMA) violates the U.S. Constitution, as they did for interracial marriage in Loving vs. Virginia.

I don’t think that DOMA has made it that far. When it does, I personally can’t see it standing up to legal scrutiny. Ditto for any states that have similar constitutional amendments.

[Loopydude]

@kunilou

You’ve been Googling the wrong terms. The Defense of Marriage Act was passed by Congress and signed by President Clinton in 1996.

I think, from the cnn article, WA had its own state Defense of Marriage Act, which I suppose some might consider superfluous given the national DOMA. However you slice that issue, the judge in WA ruled the Washington law violated the state constitution. It is in anticipation of such a ruling that MO amended its own constitution, since they feared their version of a state DOMA would also be ruled unconstitutional. Now it can’t.

[minty_green]

@Loopydude

Man, things change quickly:

WA has ruled the WA version of the DOMA is unconstitutional. Gay marriage is now legal in WA.

http://www.cnn.com/2004/LAW/08/04/washington.samesex.ap/index.html

Not quite. From the article (emphasis added):

The denial to the plaintiffs of the right to marry constitutes a denial of substantive due process," King County Superior Court Judge William L. Downing said in his ruling.

His decision is stayed until the state Supreme Court reviews the case, meaning no marriage licenses can be issued until then, said Jennifer Pizer, lead counsel in the case for Lambda Legal Defense in the case.