ILNews

US Supreme Court strikes down DOMA as unconstitutional

Back to TopCommentsE-mailPrintBookmark and Share

On its last day of the 2012 term, the Supreme Court of the United States handed down its highly anticipated decisions involving same-sex marriage. Same-sex couples in states that recognize same-sex marriage received a victory from the court when the majority struck down Section 3 of the Defense of Marriage Act as unconstitutional.

The 5-4 decision is confined to only those in lawful marriages. Associate Justice Anthony Kennedy authored the majority decision, writing the Act is a deprivation of the equal liberty of persons that is protected by the Fifth Amendment.

The ruling in United States v. Windsor, executor of the Estate of Spyer, et al., 12-307, will entitle those couples to equal treatment under federal law with regard to income taxes and Social Security benefits.

The decision involves New York resident Edith Windsor – who was in a legally recognized same sex-marriage with Thea Spyer – seeking to claim the federal estate tax exemption for surviving spouses after Spyer died in 2009. Windsor was barred from doing so by Section 3 of the Defense of Marriage Act, which excludes same-sex partners as spouses. Windsor ended up paying more than $360,000 in estate taxes and sought a refund.

The Department of Justice decided not to defend Section 3’s constitutionality, and the Bipartisan Legal Advisory Group of the House of Representatives intervened. The lower courts held the section is unconstitutional and that Windsor is entitled to a refund.

Chief Justice John Roberts and Associate Justices Antonin Scalia, Clarence Thomas, and Samuel Alito dissented.

Scalia wrote in a dissent that Wednesday’s decision has cheated both sides, “robbing the winners of an honest victory, and the losers of the peace that comes from a fair defeat. We owed both of them better.”

In his dissent, Alito wrote, “To the extent that the Court takes the position that the question of same-sex marriage should be resolved primarily at the state level, I wholeheartedly agree. I hope that the Court will ultimately permit the people of each State to decide this question for themselves. Unless the Court is willing to allow this to occur, the whiffs of federalism in the today’s opinion of the Court will soon be scattered to the wind.”

The Supreme Court decided in Hollingsworth, et al. v. Perry, et al, 12-144, that the petitioners – proponents of Proposition 8 in California which defines marriage as between a man and woman – did not have standing to appeal the District Court’s ruling that Prop 8 is unconstitutional. The 9th Circuit Court of Appeals concluded the petitioners did have standing and affirmed the District Court’s order on the merits.

“We have never before upheld the standing of a private party to defend the constitutionality of a state statute when state officials have chosen not to. We decline to do so for the first time here,” Roberts wrote for the majority.

Associate Justices Kennedy, Thomas, Alito and Sonia Sotomayor dissented.

Indiana had authored an amicus brief in Windsor, which was joined by 16 states; Indiana co-authored with Virginia an amicus brief in Hollingsworth.

Indiana Attorney General Greg Zoeller released a statement shortly after the decisions came down, saying, “While my office is duty bound to defend the authority of our state legislature and their decisions, I recognize that people have strongly held and vastly different views on the issue of marriage and ask that everyone show respect with civility to our Supreme Court and our constitutional system.  Regardless of the different views people may hold, marriage should be a source of unity and not division.”

Indiana Speaker of the House Brian Bosma, R-Indianapolis, said he’s confident the matter of same-sex marriage will come before the General Assembly and be placed on the ballot for voters to decide.

“I am disappointed the federal Defense of Marriage Act has been overturned. I am certainly pleased the Supreme Court has confirmed each state’s right to address the legal issue of what constitutes one of the most important institutions in our society,” he said. “As they have in 30 other states, Hoosiers should have the right to speak on this issue.”

Indiana Senate Democratic Leader Tim Lanane, D-Anderson, said it’s important that Indiana is a state that is welcoming to everyone, regardless of their sexual orientation.

“Study after study shows growing support for marriage equality for all Hoosiers. We must ensure that our policies reflect this evolving sentiment,” he said. “It is my hope that lawmakers can put this divisive debate behind them, and focus on the priorities that matter to every Hoosier family - a strong economy, good schools, and thriving local communities.”

The justices also released Sekhar v. United States, 12-357. The court unanimously held that attempting to compel a person to recommend that his employer approve an investment does not constitute “the obtaining of property from another” under the Hobbs Act.

The Supreme Court reversed Sekhar’s conviction of attempted extortion under the Act, which is defined as “obtaining the property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right.” The state comptroller of New York’s general counsel received anonymous emails demanding that he recommend investing in a fund managed by FA Technology Ventures. Some of those emails were traced to the home computer of Sekhar, a managing partner of the firm.

The jury specified that the property Sekhar attempted to extort was the general counsel’s recommendation to approve the investment. The 2nd Circuit Court of Appeals affirmed.

“The Government’s defense of the theory of conviction is unpersuasive. No fluent speaker of English would say that ‘petitioner obtained and exercised the general counsel’s right to make a recommendation,’ any more than he would say that a person ‘obtained and exercised another’s right to free speech,’” states the opinion, delivered by Scalia.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  2. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  3. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  4. Why do so many lawyers get away with lying in court, Jamie Yoak?

  5. Future generations will be amazed that we prosecuted people for possessing a harmless plant. The New York Times came out in favor of legalization in Saturday's edition of the newspaper.

ADVERTISEMENT