Marriage Decision Sets Huge Precedent, But Struggle Far From OverPaul Hogarthbyline‚ May. 16‚ 2008Yesterday’s decision by the California Supreme Court was historic because it set a huge precedent. Not because the Court found the ban on same-sex marriage similar to earlier bans on interracial marriage, nor because it said domestic partnerships are inherently unequal. What really mattered is that the Court ruled sexual orientation a “suspect class,” which means that all laws that discriminate on that basis must now pass strict scrutiny – a crucial step forward in the rights of LGBT people. But same-sex couples in California still lack the federal benefits of marriage that straight people take for granted – like Social Security and immigration – because the Defense of Marriage Act (DOMA) precludes them from doing so. Marriage equality supporters must defeat a constitutional amendment in November that would take away the right to marry, but they also need a President Barack Obama – who has promised to repeal DOMA. If DOMA gets repealed in 2009, gay couples in California will finally be equal in the eyes of the law. |