USA: On the Eve of the Rulings, Thoughts on Prop 8 and DOMA

Written by scott on June 25th, 2013

US Supreme CourtSo here we are on the night before the US Supreme Court will finally release its rulings on marriage equality. We’ll run down the analysis, speculation and recaps currently flooding the web.

We’ll start off with Bryan Fischer at the AFA, who wants states to “nullify” any negative ruling. Joe.My.God reports:

“If SCOTUS goes south on marriage, perhaps its time for states with marriage amendments to nullify the ruling, ignore it.”


“4 out of 5 states have passed laws nullifying federal authority on things like guns and ObamaCare. Why not in marriage?”

Nullification is the crazy legal theory that originated in the South during the Civil War that says that states can basically just ignore any Federal laws they don’t like. Which basically invalidates the whole “United States” thing.

Speaking of tweets, Peter LaBarbera says the Supreme Court ruling yes on marriage equality would be giving god the finger. Also from Joe.My.God:

“Tomorrow the Sup. Ct decides whether or not its going to give God the finger by creating a “Const. right” to homoxex’l “marriage””


NOM’s Brian Brown is jazzed – he thinks they will win tomorrow. Joe.My.God reports:

“We’re thinking we’re going to win,” he told me. “And I think that even the other side realizes that they’re not going to get the decision they want.” He added that he thinks pro-same-sex marriage advocates got the timing all wrong, and that tomorrow will bring a huge victory for supporters of traditional marriage. “This is like the life movement winning Roe,” he said.

Over at O-blog-dee-o-blog-da, our friend Melanie Nathan reminds us that Binational Couples have the most to gain… or lose… tomorrow:

As we wait for the Supreme Court of the United States to rule on the Edie Windsor DOMA case, the outcome of the most profoundly horrific impact of marriage inequality is the harsh consequence of The Defense of Marriage Act, (DOMA), that separates same-sex binational partners. It is this group of LGBT people who are hardest pressed for a favorable ruling by SCOTUS in the DOMA case because it may literally mean whether or not some of them are reunited with their partners in the near future and for others it may mean returning to the united States after spending years in exile out of the country, to be with foreign partners. U.S. gays and lesbians and their foreign partners have lived under heightened stress this month as each possible day for SCOTUS to rule on DOMA passes, leaving just one day left to rule, and that will be Thursday 27th. If no ruling is handed down on Thursday there could be a few added days – though highly unusual.

Nichelle Stephens at Dot429 explains some of the ins and outs around DOMA and same-sex couples:

Taxes can be a dreaded task for most couples regardless of sexuality, but for same sex couples, it is even more complex especially if the Defense of Marriage Act (DOMA) is overturned. Let’s talk about the numbers. According to the 2012 Census, the median income of households in the United States is 50,000. (US Census Bureau). Couples who make 50,000 and file “married filing jointly” are typically taxed lower than if they do “married filing separately”. This is a “marriage bonus” until the couple increases their gross income significantly. (Bankrate)

Over at, they’re recapping their recent “what happens next” posts:

The upcoming Supreme Court decisions on DOMA and Prop 8 will not be the last word on marriage, in particular, or gay rights, in general. As we look forward to those words, however, let’s take a look ahead and discuss how the legal landscape may be more complicated after the end of June. “Gay Rights After SCOTUS” is Towleroad’s series on LGBT legal issues after Perry and Windsor.

We’re at the end of the road. Tomorrow morning at 10 AM eastern we find out what happens next.


Leave a Comment