(Reuters) – The U.S. Supreme Court delivered a landmark victory for gay rights on Wednesday by forcing the federal government to recognize same-sex marriages in states where it is legal and paving the way for it in California, the most populous state.

As expected, however, the court fell short of a broader ruling endorsing a fundamental right for gay people to marry, meaning that there will be no impact in the more than 30 states that do not recognize gay marriage.

The two cases, both decided on 5-4 votes, concerned the constitutionality of a key part of a federal law, the 1996 Defense of Marriage Act (DOMA), that denied benefits to same-sex married couples, and a voter-approved California state law enacted in 2008, called Proposition 8, that banned gay marriage.

The court struck down Section 3 of DOMA, which limited the definition of marriage as between a man and a woman for the purposes of federal benefits, as a violation of the U.S. Constitution’s guarantee of equal protection under the law.

The ruling was a victory for President Barack Obama’s administration, which had decided two years ago it would no longer defend the law in court. Obama applauded the DOMA ruling and directed U.S. Attorney General Eric Holder to review all relevant federal laws to ensure that it is implemented.

Justice Anthony Kennedy, 76, appointed to the court by Republican President Ronald Reagan in 1988, was the key vote and wrote the DOMA opinion, the third major gay rights ruling he has authored since 1996.

In a separate opinion, the court ducked a decision on Proposition 8 by finding that supporters of the California law did not have standing to appeal a federal district court ruling that struck it down. By doing so, the justices let stand the lower-court ruling that had found the ban unconstitutional.

Chief Justice John Roberts wrote the Proposition 8 opinion, ruling along procedural lines in a way that said nothing about how the court would rule on the merits. The court was unusually split, with liberals and conservatives in both the majority and the dissent.

By ruling this way on Proposition 8, the court effectively let states set their own policy on gay marriage. This means a debate is set to continue in various states via ballot initiatives, legislative action and litigation potentially costing millions of dollars on both sides of an issue that stirs cultural, religious and political passions in the United States as elsewhere.

The rulings come amid rapid progress for advocates of gay marriage in recent months and years. Opinion polls show a steady increase in U.S. public support for gay marriage.


Gay marriage advocates celebrated outside the courthouse. A big cheer went up as word arrived DOMA had been struck down. “DOMA is dead!” the crowd chanted, as couples hugged and cried.

Paul Katami and Jeffrey Zarrillo, a gay couple from Burbank, California, who were two of the four plaintiffs in the Proposition 8 case, were both outside the courthouse.

“We are gay. We are American. And we will not be treated like second-class citizens,” Katami said.

He turned to Zarrillo, voice cracking and said: “I finally get to look at the man I love and say, ‘Will you marry me?'”

Before Wednesday, 12 of the 50 U.S. states plus the District of Columbia recognized gay marriage. Three of those dozen – Delaware, Minnesota and Rhode Island – legalized gay marriage this year. California would become the 13th state to allow it.

About a third of the U.S. population now lives in areas where gay marriage is legal, if California is included.

“We are a people who declared that we are all created equal, and the love we commit to one another must be equal as well,” Obama, the first sitting president to endorse gay marriage, said in a written statement.

While the ruling on DOMA was clearcut, questions remained about the meaning of the Proposition 8 ruling for California. Proposition 8 supporters vowed to seek continued enforcement of the ban until litigation is resolved. But California Governor Jerry Brown, a Democrat, said the justices’ ruling “applies statewide” and all county officials must comply with it.

“We are now faced with this unusual situation where we have some uncertainty,” said Andrew Pugno, one of the Proposition 8 proponents’ lawyers. He expressed satisfaction that the Supreme Court had “nullified” a San Francisco-based 9th U.S. Circuit Court of Appeals ruling that, if left intact, could have had set a precedent for other Western states in its jurisdiction.


By striking down Section 3 of DOMA, the court cleared the way for legally married couples to claim more than 1,100 federal benefits, rights and burdens linked to marriage status.

Kennedy wrote for the majority that the federal law, as passed by Congress, violated the U.S. Constitution’s guarantee of equal protection. “The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the state, by its marriage laws, sought to protect in personhood and dignity,” Kennedy wrote.

The law imposed “a stigma upon all who enter into same-sex marriages made lawful by the unquestioned authority of the states,” he said.

Roberts and Justice Antonin Scalia both wrote dissenting opinions in the DOMA case.

Roberts went out of his way to state that the court was not making any big pronouncements about gay marriage. The court, he said, did not have before it the question of whether states “may continue to utilize the traditional definition of marriage.”

Scalia accused the majority of ignoring procedural obstacles about whether the court should have heard the case in order to reach its desired result.

“This is jaw-dropping,” he said of Kennedy’s analysis.

As a result of the DOMA ruling, Edith Windsor of New York, who was married to a woman and sued the government to get the federal estate tax deduction available to heterosexuals when their spouses die, will be able to claim a $363,000 tax refund.

The ruling was a win also for more than 200 businesses, including Goldman Sachs Group, Microsoft Corp and Google Inc, that signed on to a brief urging the court to strike down DOMA. Thomson Reuters Corp, owner of the Reuters news agency, was another signatory.

“Today’s decisions help define who we are as a people, whether or not we are part of the group directly affected,” said Lloyd Blankfein, Goldman’s chief executive.


Numerous public figures including former President Bill Clinton, who in 1996 signed the DOMA law, and prominent groups including the American Academy of Pediatrics have come out this year in support of same-sex marriage and gay civil rights.

Individual members of Congress – Democrats and Republicans – also voiced new support for gay marriage this year.

Even with recent developments, there is still significant opposition among Republicans, including House of Representatives Speaker John Boehner, who had ordered the House to intervene in the DOMA case in defense of the law. Boehner said in a statement he was “obviously disappointed in the ruling” and predicted that a “robust national debate over marriage” would continue.

While more developments lie ahead, the legal fight over gay marriage already constitutes one of the most concentrated civil rights sagas in U.S. history.

Just 20 years ago, the Hawaii Supreme Court ruled that its state constitution could allow gay marriage, prompting a nationwide backlash and spurring Congress and a majority of states, including Hawaii, to pass laws defining marriage as between only a man and woman.

In 2003, when the top court of Massachusetts established a right to same-sex marriage under its constitution, the action triggered another backlash as states then adopted constitutional amendments against such unions. Five years later, the tide began to reverse, and states slowly began joining Massachusetts in permitting gays to marry.




  1. Tragic. The push toward promoting homosexuality is constantly picking up steam.
    Apparently, this issue is being used to promote an INVISIBLE agenda that has nothing to do with “helping” people or producing justice.

    What the victims of white supremacy must do — in my opinion — is look beyond the HYPE and the images of cheering “gay couples” — and ask ourselves WHY is this happening and how does it AID the system of white supremacy and increase its power?

    It is NEVER about helping people. It is USUALLY about produce HARM.

  2. Those were some really good questions. I don’t think about this issue much, but now you have given me reason to reconsider.

    Looking at this whole thing–and the SCOTUS has some more issue coming up–we have to put it all together and see who it benefits. The affirmative action being made into a Black entitlement, being looked at really closely. Voter Rights Act being made into a Black entitlement, being gutted. And now this; a man and a woman don’t constitute a marriage necessarily. What are we looking at?

  3. @ hunglikejesus

    this is my best guess

    1. Refinement stage of white supremacy = maximum CONFUSION = no moral resistance to anything that becomes “popular’ (like homosexuality) = ultimately leading to total mind control of a population that has no moral backbone and therefore will go along with ANYTHING just to “belong” — including a PURGE or their OWN oppression

    2. Establishment stage of white supremacy = a return to a PRE-CIVIL RIGHTS era where blacks had few to no rights — which has already begun.

    In the last ten years Black people have lost 80% of the so-called “gains” of the last 40 years. The push to legalize ILLEGAL immigrants is another brick on the WALL holding blacks down to the bottom by disenfranchising us and making our labor OBSOLETE. The closing of school GUARANTEES a black slave population.

    (how can black people NOT see this????)

    3. I believe the promotion of homosexuality COULD be a back door strategy to bring more black MALES on board to reduce the number of black males and females who would reproduce AND to further destroy the fragile bonds between black males and females AND to make black males MORE SEXUALLY ACCESSIBLE to white males who are either openly homosexual OR secretly homosexual

    I believe the MAIN target of this homosexual push is the BLACK MALE to NEUTRALIZE HIS HATED AND COVETED BLACK HETEROSEXUALITY

    and yes, I believe they would go to the lengths they have gone to just to finally destroy the black male because once the black male CO-SIGNS on this activity, he will NEVER, EVER, EVER OVERCOME HIS OPPRESSION

    and will have alienated himself from his CREATOR and will have FORFEITED any divine intervention and assistance by GOING AGAINST HIS OWN NATURE

    that is my opinion about this

    • I used to be really upset at not being able to procreate and watch my children grow up and have children of their own, but now I think the Most High may have saved me from what is to come.

      You are correct; we will soon be “soft” slaves–more so than now–before too long. And I think most people will welcome it because unemployment will be so high and people just wanna eat and feed their families. I would rent out myself to feed my children.

      The so-called homosexuality that has more than run roughshod through the so-called Black community has left nothing in its wake. Nothing but confusion and disease and the SCOTUS just sanctioned this to continue without obstacle. Since we as Black people are caught up in the most ignorant of pastime we are useless to counter this monster. The thinking ones of us must continue to sound the alarm as best we can, but at the samt time try not to get pulled down by the flailing masses.

      • @ hung

        The hardest job you have when you CHOOSE to see what is happening — will be, as you said, to not get pulled down by the those who CHOOSE to NOT see

        When you refuse to buy into what other people believe (or pretend to believe) even those close to you may attack you, despise you and even hate you. I speak from personal experience, especially when i refused to fall for the Obama hype.

        You gotta have the stomach to do this or you will just make yourself miserable. You will find yourself separating from more confused people because confusion is contagious.

        I have a female friend who got married and seems to have fallen into her husband’s belief system even though she seems to know some of what he believes is bogus.

        He’s a church going “Christian” who attends a black MEGA-CHURCH, is bogus which I attended ONE time out of courtesy to her, and it was like a side-show with the pastor/preacher/reverend literally ROLLING around on the floor to make a point, and the congregation laughing and clapping like they were watching an entertainment show — which is exactly what it was: ENTERTAINMENT

        I see three main problems when it comes to sharing counter-racism info with black people — INCLUDING those who are so-called counter-racists:

        1. ANTI-BLACKNESS = GROSS WHITE IDENTIFICATION (AKA fear of white people disguised as love and tolerance for white people.)

        2. MAINSTREAM MEDIA PROGRAMMING AND BRAIN-TRASHING (which most of us get starting at the age of 2 or 3 that programs us to identify with the white world more than we identify with ourselves OR our own black reality)

        3. What one COWS listener called “The Racism Avoidance Disorder” and even with racism staring us right in the face, we PRETEND not to see it and BLAME other black people for being the victims of racism so we don’t have to face the FACT that the same thing could happen to us

        that’s a ONE, TWO, THREE KNOCKOUT PUNCH designed to put any group of confused people out of commission PERMANENTLY

        I will end here as I am venting…

        • You can grace this blog any day with your ranting.

          You said it all and I won’t even get started on the church. I think Black people don’t want to see what they are looking directly at, is because it’s hard and we both know that. I won’t rehash all the things we know, but I will say that if I had to do it all over again, I would remain blind. My life has been ruined by semi-clear vision. I’m tired both mentally and otherwise and this work is hard and it has made my world no bigger than the room I’m in at whatever time I’m in it. I don’t enjoy random conversations anymore with people in the street. I don’t even wanna make eye contact out of fear that the person will see how out of place I am. But it’s to late to turn back now and I stand up and applaud all the ones of us that make it work for them. Counter racism I mean.

          • @ Hung

            You know what keeps me okay with “seeing?”

            When I didn’t understand, I was still “out of place.”

            As ruined as you think your life is, look around at the ones who are still blind.

            What do you see?

            drug addictions, shopping addictions, food addictions, alcohol addictions, sex addictions, fussing and fighting addictions, spousal and child abuse and abandonment, materialism, jealousy, envy, anti-blackness, snitching, lying, cheating, stealing, adultery, etc

            I’m not saying this is true of all people, but I personally don’t know ANYONE who is truly content or who doesn’t have doubt, or problems or things that make them unhappy that they can’t tell anyone about. I don’t know ANYONE who doesn’t have secrets. I know people who put on a good face, until you find out that happy couple you admired and envied so much are getting a divorce

            or that person living in that big pretty house and taking fancy vacations are filing bankruptcy or going through a foreclosure

            my point is, NOT knowing doesn’t make people any happier, in fact, I think it causes us to make MORE mistakes and makes it harder to solve what problems we do have

            How I’ve learned to cope is to enjoy what I enjoy and not feel guilty about it. I try to find some satisfaction and some enjoyment and that helps me deal with the rest.

            When you look at white people who are not on the punishing end of racism, they’re no more happier on average than the victims. Not when you consider the suicide rates.

            All I’m saying is as long as there is a system of injustice called white supremacy, it doesn’t matter whether you know or not, it’s going to negatively impact all our lives and those who don’t know are always being BLINDSIDED and living in a state of denial and confusion.

            I personally would rather know where my pain is coming from than blame the wrong people for it OR blame myself OR have that blinding pain of rejection hit me out of the blue when I least expect it

            and then sit around for the thousandth time trying to figure out what the hell happened and why I was being mistreated

            Naw, I’d rather KNOW why I’m being mistreated. Not knowing, that’s not for me. I want to know because before I knew I thought I was defective. I thought I was inferior. I thought I was ugly. And I thought I needed white people to validate me. I was a walking breathing monstrosity whose self-esteem could be wiped out with a look, a word, or a gesture

            NOT anymore. I know I don’t have the problem and I know WHO does and I wouldn’t trade that info for all the money in the world cause rich black folks, they are SUFFERING terribly because they don’t know OR they made a deal with the devil, literally

            Now, I know better and I feel better about being me but I don’t expect happiness. What is that in the world where so many people are being harmed? Why would I expect that? What I do experience, quite often is some sense of enjoying things I enjoy, and doing things that give me some satisfaction and the tiny number of people, friends, that I can talk to about almost anything.

            And I’d rather have that little than have a whole lot of stuff that keeps me in denial and confusion. But, that’s me. You might feel differently.

            Don’t underestimate the power of knowledge. It’s a heavy load to carry but it also makes you strong. Don’t be fooled by those who are the personification of

            ignorance is bliss

            it’ ain’t.

            However, I respect your right to feel however you feel. We are all going through growing pains, counter-racism doesn’t come with an instruction manual so we are all winging it. So, don’t be too hard on yourself, we’re all out of place in a system of injustice, some of us are just better at HIDING it.

  4. @ it is also about destroying humanity in general and voluntary population reduction

    because there is no doubt that more homosexuals = fewer children being born overall

    • I think it’s kind of sad that they put my civil rights in the same catagory and someone’s sexual rights. And that is the angle they gonna come at with this thing. And do you know that the most racist people are gay white men? And no matter how loud Mr. Sharpton talks, it will not make it right.

      This Brinkin needs to be shot–bottom line. He needs to be shot on primetime TV as a message to the rest of these sick bastards. They need to show these people what happens to pedos in other counties. And it ain’t no whole bunch going to court either.

      We have been getting sold out for so long now that we think it’s normal. Really good video Prince and thank you for putting it up here. I gotta go and sub now.

      I am just sick, that was somebody’s baby that these nasty monster were ruining and no doubt killed. Oh well, just another little nigger.

  5. T. West has some great videos. The channel is called Afrisynergy. I agree with you about Brinkin. But I think shooting him is too easy and quick. His type should suffer awhile. He should be burned alive for the world to see. I personally would bring marshmallows for everyone and make it a nice family

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