proposition 8

The Supreme Court today struck down the federal Defense of Marriage Act (DOMA) and rejected a challenge to a lower court ruling that invalidated California’s ban on same-sex marriage, known as Proposition 8. Gregory Magarian, JD, constitutional law expert and professor of law at Washington University in St. Louis, says that the immediate effects of these decisions for same-sex couples will be profound. “The demise of DOMA means that the federal government must treat same-sex couples, legally married under state laws, just like opposite-sex married couples for purposes of federal benefits, tax status, etc,” he says. “The nullification of Proposition 8 appears to make marriage available to same-sex couples in the nation’s largest state, under a prior marriage law that Proposition 8 had purported to invalidate.”

A district judge’s decision to overturn California’s Proposition 8 ban on same-sex marriage technically puts the issue one step away from the U.S. Supreme Court. But Washington University in St. Louis experts say a final ruling may wait until other, similar cases work their way through the legal system.

Frank K. FlinnIn November, California citizens passed Proposition 8 upholding the idea that marriage is defined as and limited to the union of one man with one woman. The vote has given encouragement to many in other states who want to pass similar legislation. The United States is about to enter a period of legal upheaval on the question of marriage in the civil law, suggests Frank K. Flinn, Ph.D., adjunct professor of religious studies in Arts & Sciences. His proposal? Give marriage to the churches and let the state define civil unions.