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2 Gay Rights Supreme Court Victories

by Solidarity
Almost 44 years after Stonewall, when black and Puerto Rican drag queens fought back against a police raid of the Stonewall Bar in New York City, gay marriage is now legal in California as Prop 8 was overturned and the 1996 anti-gay Defense of Marriage Act was struck down, proving all of the gay pride marches and demonstrations these past 44 years have finally delivered the message to the ruling class that the gay liberation struggle must be recognized as a civil rights struggle.
Almost 44 years after Stonewall, when black and Puerto Rican drag queens fought back against a police raid of the Stonewall Bar in New York City, gay marriage is now legal in California as Prop 8 was overturned and the 1996 anti-gay Defense of Marriage Act was struck down, proving all of the gay pride marches and demonstrations these past 44 years have finally delivered the message to the ruling class that the gay liberation struggle must be recognized as a civil rights struggle.

The decisions were each 5 to 4, demonstrating the need for more struggle for gay rights. As to DOMA, it was the usual Justices Kennedy writing the opinion, joined by Breyer, Ginsburg, Kagan, Sotomayor and dissenting were Chief Justice Roberts, Alito, Scalia, Thomas. See
http://www.scribd.com/doc/150136897/Supreme-Court-s-DOMA-decision

As to Prop 8, the majority opinion simply states that the people who brought the case before the US Supreme Court had no standing to sue. This is called taking the low road. The high road would have been to legalize gay marriage in this country, as it has been in many other countries. This will require at least 26 states legalizing gay marriage. The decision overturning Prop 8 was also 5 to 4, but with a different cast of characters. Voting to overturn Prop 8 were Chief Justice Roberts, who wrote the opinion, joined by Breyer, Ginsburg, Kagan and Scalia. Dissenting were Kennedy, Thomas, Alito and Sotomayor. The dissenters tried to hide their stupidity behind promotion of the initiative process which allows for all kinds of unconstitutional and hateful propositions to be placed on the ballot, the only criteria being how much money the sponsors have. The decision may be found at:
http://www.supremecourt.gov/opinions/12pdf/12-144_8ok0.pdf

Gay marriage is now legal 14 states including California and DC. See
http://en.wikipedia.org/wiki/Same-sex_marriage_status_in_the_United_States_by_state

Gay marriage is now legal in 13 countries and many local jurisdictions. See
http://en.wikipedia.org/wiki/Same-sex_marriage

The states and countries that have a greater degree of prosperity and organization are most likely to legalize gay marriage. Clearly, the future for gay marriage belongs with the class struggle for the workingclass to eliminate the profit motive, thereby eliminating poverty. For that we need a labor movement, now, urgently.


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