Community Corner

Supreme Court Strikes Down DOMA

The Supreme Court's ruling on the Defense of Marriage Act is a boon for same-sex unions.

Wednesday's highly awaited U.S. Supreme Court rulings struck down the Defense of Marriage Act and Proposition 8, expanding gay rights and paving the way for same-sex marriage in California.

At issue was the federal Defense of Marriage Act (DOMA), which prohibited same-sex couples legally married in their states from sharing in each other’s federal marriage benefits. 

Where do you stand on the issue? Do you agree or disagree with the U.S. Supreme Court's rulings?       

In its landmark 5-4 decision, the U.S. Supreme Court ruled DOMA to be unconstitutional. This opens the way for same-sex couples to file joint tax returns, for example, and file for Social Security survivor benefits.

Also at issue was the constitutionality of California’s Proposition 8, the 2008 ballot measure that banned same-sex marriage.  The high court ruled that the same-sex marriage opponents did not have the constitutional standing to appeal a lower-court ruling that had overturned the law.

Find out what's happening in Upper Macungiewith free, real-time updates from Patch.

The legalization of gay marriage still remains a state-by-state issue. Currently, Pennsylvania does not recognize same-sex marriages or civil unions. State Representative Darryl Metcalfe (R-Cranberry) has introduced legislation to ban same-sex marriage in the state constitution, but the bill has not moved past committee. 

According to the Pittsburgh Post-Gazette, support for gay marriage has grown in Pennsylvania, according to polls conducted by Susquehanna Polling and Research (70 percent in favor) and Franklin & Marshall College (54 percent, up from 33 percent in 2006).

Find out what's happening in Upper Macungiewith free, real-time updates from Patch.

Reaction was swift.

"It's truly a historic day," said Adrian Shanker, president of Equality PA and a Bethlehem resident.

Sen. Bob Casey, D-Pennsylvania tweeted:  "Glad #SCOTUS made the right decision on #DOMA to strengthen equal rights for all.

Shanker, however, expressed a cautious sense of victory. He noted the high court stopped short of making a ruling that would have created a constitutional right to marry.

"It's important to remember that while these rulings are very positive...we still have much more work to do to be fully equal," he said.

Shanker said that LGBT equality is about more than just marriage, but the rulings, especially on DOMA, were a good jumping off point. 

Shanker said the Proposition 8 decision could affect people in Pennsylvania, as same sex couples in the state had chosen to get married in California.

"To be honest, my mind right now is an interesting emotional place," he said.

He and his husband married in Connecticut earlier this year, and are waiting to see how the DOMA ruling will affect them. A lot of couples will be doing the same, Shanker said. 

There are still questions to be answered, and more legislation to be passed.

"This is not a done deal," he said, "but it's certainly a landmark day."

The DOMA ruling was a moral victory for Bethlehem's Barbra Baus, if not a practical one.

"I cried a good 20 minutes when I heard it on TV," she said. "I can't describe it to you. And it's such a big step for us."

Baus' wife died in September. The had been together 15 years.

She knew she'd have to pay an inheritance tax. But as she consulted with her lawyer, Baus realized she owed more than just money on their investments: there was also their cars, their condo, bank accounts.

"The numbers just kept growing and growing and growing," she said.
Under the old law, Baus -- or any surviving member of a same sex couple -- wouldn't be eligible for tax refunds.

And this ruling doesn't change things immediately for Baus, who noted that she's still dealing with Pennsylvania's law.

But she added, "I hate to use the word ammunition, but this gives us ammunition."

The Diocese of Allentown issued the following statement:

The Diocese of Allentown stands with the U.S. Conference of Catholic Bishops which has called today "a tragic day for marriage and our nation." The Diocese agrees with the Bishop's Conference which said, "The common good of all...depends upon a society that strives to uphold the truth of marriage. Now is the time to redouble our efforts in witness to this truth. The future of marriage and the well-being of our society hang in the balance."

President Barack Obama tweeted: 

"Today's DOMA ruling is a historic step forward for #MarriageEquality. #LoveIsLove"

Couples celebrated outside the U.S. Supreme Court building. 

The rulings reflect shifting opinions in the country on same sex marriage.

 



Get more local news delivered straight to your inbox. Sign up for free Patch newsletters and alerts.

We’ve removed the ability to reply as we work to make improvements. Learn more here