LGBT Rights: Supreme Court Filing on Marriage Equality, Int’l Law

Supreme Court Strikes Down Defense of Marriage Act (DOMA) and Opens the Door to Same-Sex Marriage in California

WASHINGTON DC, June 26, 2013 -In two historic decisions, the United States Supreme Court struck down the controversial Defense of Marriage Act (DOMA) and paved the way for same-sex marriage in its decision involving Proposition 8, the California ballot initiative that barred same-sex couples from marriage.By striking down U.S. v. Windsor  (DOMA), the Court recognized that same-sex married couples would be deprived of their equal liberty as protected by the Fifth Amendment of the U.S. Constitution if they did not receive the same treatment as heterosexual couples with respect to federal benefits. President Obama says that “This was discrimination enshrined in the law.”

In Hollingsworth v. Perry (Prop 8), the Supreme Court left intact a lower court ruling that would bar Prop 8 from being enforced statewide, thus, allowing same-sex couples to be married in the state of California.

See the SCOTUSblog for in depth discussion on the decisions.
EDUCATION CORNER: IMPLICATIONS FOR INTERNATIONAL LAWThe United States ratified the ICCPR with reservations in 1992, and the Supreme Court has previously referred in Hamdan v. Rumsfeld to its provisions as persuasive authority. The U.S. Constitution’s equal protection provisions have been deemed by the U.N. Human Rights Committee to prohibit discrimination on the basis of sexual orientation.Thus, the Supreme Court’s striking down of DOMA is consistent with the U.S. Constitution and the U.S.’ treaty obligations under the ICCPR prohibiting discrimination against the LGBT community.

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Governor Brown has ordered his county clerks to issue marriage licenses and said, “After years of struggle, the U.S. Supreme Court today has made same-sex marriage a reality in California.”Read ICAAD’s Supreme Court amicus brief in Hollingsworth v. Perry, highlighting how both foreign and international law are rapidly evolving to recognize marriage equality as a basic right.

LGBT Rights Outside the Supreme Court (Image Courtesy of Kevin Russell of SCOTUSblog)

Outside the Supreme Court (Image Courtesy of Kevin Russell of SCOTUSblog)

The Supreme Court’s decisions are an important step in protecting the civil rights of the LGBT community. The fight for equal rights is not over as only 12 states and the District of Columbia allow same-sex marriage. The LGBT community will also have to see how quickly certain federal benefits will be granted.Hansdeep Singh, Director of Legal Programs at ICAAD stated, “the Supreme Court recognized the equal liberty of same-sex couples under our Constitution and dealt a blow to institutionalizing discrimination in legislation. However, the Supreme Court missed an opportunity to be at the forefront of human rights by sending a clear message that marriage equality was a fundamental Constitutional right.”

ICAAD would like to thank Tejinder Singh, ICAAD Senior Advisor and counsel at Goldstein & Russell for partnering on the Perry amicus brief and for the Int’l Human Rights Advocates who joined the brief:

  • 1) Liberty (UK)
  • 2) Canadian Civil Liberties Union
  • 3) Legal Resource Center (South Africa)
  • 4) Center for Legal and Social Studies (Argentina)

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