Post Supreme Court decisions, leaders begin paving path toward marriage
What the decisions may mean for your relationship
Now that the federal Defense of Marriage Act has been stuck down will other states recognize either our marriage or civil union?
No. Only one portion of DOMA, the 1996 law, was struck down. The statute that was ruled unconstitutional outlawed the federal government from extending marriage benefits to married same-sex couples. States, like Colorado, are still allowed to recognize marriage only between a man and a woman.
Does the federal government have to recognize state civil unions?
“That’s unclear,” said Chris Stoll with the National Center for Lesbian Rights during a conference call organized by One Colorado. Since 1996, DOMA forbid even asking that question. “Now that DOMA is gone, there’s an open question the government hasn’t had to answer.”
If I’m a federal employee or a military service member who is legally married in another state, but live in Colorado, am I immediately eligible for all of the federal benefits of marriage?
Yes and no. While most federal benefits (like sponsoring a spouse for citizenship) cross state lines, some, like taxes are linked directly to state policies and other agencies. It’s going to take some time to sort through the more than 1,000 policies regarding marriage.
With DOMA struck down, what more do we have to do for full marriage equality?
The Supreme Court’s opinion was a major step forward toward marriage equality for same-sex couples. But there is still no nationwide solution, which most advocates believe the nation needs. “We’ll be back in front of the Supreme Court in several years, looking for a nation wide solution,” said a Thalia Zepatos from Freedom To Marry.
Recognizing a pair of decisions on same-sex relationship recognition from the Supreme Court is a limited victory, elected officials and community leaders will use the opinions to forge the most intense path toward marriage equality – both in Colorado and across the nation.
While the Supreme Court fell short of establishing a nationwide solution for marriage equality, they did extend all of the federal benefits of marriage to legally married same-sex couples, and by a procedural move, re-established same-sex marriage in California, the nation’s most populous state.
The decisions in two separate cases, Hollingsworth v. Perry and United States v. Windsor, were handed down June 26, two days shy of the 44th anniversary of the Stonewall riots, the modern birth of the LGBT equality movement.
Marriage equality supporters here and across the nation hailed the decisions while acknowledging there is more work to be done and patience will be needed as the federal government updates its policies to reflect the court’s opinion.
“It’s exciting,” said Brad Clark, executive director of One Colorado, the state’s largest LGBT advocacy organization. “We believe Colorado is ready for a conversation about the freedom to marry. And we’re ready to have that conversation.”
Meanwhile, opponents of same-sex marriage called the rulings disappointing and accused the court of thwarting the will of the people.
“Most important, there is no 50-state mandate,” said Alan Sears, president of Alliance Defending Freedom, a religious liberty advocacy organization. “The court has allowed the nation more time to debate the purpose of marriage and consequences of redefining it.”
And the debate in Colorado is about to start all over.
Passed by voters in 2006, the state’s Amendment 43 defines marriage between a man and a woman. It must be repealed or struck down by a court before Colorado’s same-sex couples can receive any of the federal benefits made available to their peers in New York or Iowa by the Supreme Court’s invalidating portions of the federal Defense of Marriage Act.
Either a court case or a voter initiative will be costly and timely, One Colorado’s Clark said. And it’s up to the community to decide which path it should take.
To facilitate those decisions, One Colorado will in the coming months host town hall meetings, meet with a network of progressive social welfare nonprofits and other coalition partners, conduct an online survey and form a strategic assessment group made up of elected officials, political strategists and community members.
“This will take tremendous time, energy and resources,” Clark said on a conference call with donors and supporters that followed the Supreme Court’s opinions. “(And) we need to build a climate for victory now.”
What they’re saying about marriage equality
“After Matt came out to me, he once asked me if I thought gay couples would ever be allowed to get married. I told him I didn’t think it would happen in my lifetime, but it probably would in his. It’s so sad and ironic that it turned out the other way. But this case warms my heart, to think that his dream is still coming true. Dennis and I look forward to the day when loving, committed couples are able to marry in every state.”
– Judy Shepard, Matthew Shepard Foundation
“Today’s decision was a tremendous victory for the country and has brought us one step closer to equality under the law for LGBT people and families. The Supreme Court, in striking down the Defense of Marriage Act, affirmed the love and commitment of married gay and lesbian couples around the country. But there is still more work to do and we must use the strength of this momentum to ensure that all LGBT people and families in Colorado and throughout the country are treated equally under the law and have a fair shot at the American Dream.”
– Congressman Jared Polis, D-Boulder
“This is a momentous day for America and for the vision of ‘equality for all’ to which we aspire. With the Supreme Court’s decisions on DOMA and Proposition 8, millions of Americans in loving marriages, and their children, can now fully participate in the American family, finally enjoying the same rights and benefits as every family in this country. For too long, ideology and politics have stood in the way of equality for the LGBT community in our nation. But today we are reminded that progress is indeed unavoidable and justice will eventually triumph.”
– Congresswoman Diana DeGette, D-Denver
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