Wednesday saw a triumph in the continuing struggle for equality in America. A divided Supreme Court rolled back two discriminatory laws, California’s Proposition 8 and a provision of the federal Defense of Marriage Act. Though not a total victory for those who believe gay and lesbian couples everywhere should be able to marry, the decisions nonetheless built upon and extended what has been a momentous half year for gay rights. Until the justices rule more forcefully, same-sex marriage advocates must look beyond the courts for action and toward democratic legitimacy. If Californians voted again on same-sex marriage, polls show that what was a close call in 2008 would be an easy win today. The court’s rulings Wednesday were welcome, but in essence they only affirmed how quickly the nation has moved away from prejudice and toward essential respect for all Americans. – Washington Post
It was outrageous for the Supreme Court to invalidate Section 3 of the Defense of Marriage Act and allow the potential invalidation of California’s Proposition 8, a law passed with the support of more than 7 million voters. Although Wednesday was a sad day for democracy and for marriage, this is not the end of the battle. The vast majority of states recognize marriage solely as the union of one man and one woman. Only 13 states and the District of Columbia recognize same-sex “marriage,” and nothing the Supreme Court just did changes that fact. If anything, the court’s opinion in United States v. Windsor, the DOMA case, shows that the federal government must respect the decision of states to define marriage as they choose. – Brian S. Brown, National Organization for Marriage