What Happens After the SCOTUS Marriage Decisions?

WindsorThe 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.

Check out these three recent columns by our legal editor Ari Ezra Waldman on what happens after the decisions.

> What are the implications if the Court finds no standing in Perry and no jurisdiction in Windsor?

> What happens with regard to federal law and state-by-state marriage recognition?

> What happens to current civil unions and domestic partnerships?


  1. says

    Wouldn’t get my hopes up. So far, Roberts’ Supreme Court has mainly followed the Conservative agenda, and set Civil Rights back 50 years with their rulings, and opened up elections to corporations and the wealthy. I suspect that the ‘gay’ rulings tomorrow will be announced as they are heading to the airport, attempting to avoid a riot!

  2. JONES says

    What happens is we keep on fighting.

    We started out with less than zero with an uphill battle in front of us that many thought was impossible and yet here we are not only unbroken but gaining in strength daily. We take strength from every story of grief and despair suffered at the hands of those filled with hate. Hate never wins.

    We’ve faced down every bigot with a lie on their tongue from presidential candidates to city clerks and cake bakers and won support for our struggle from the majority of American citizens.

    People like Scalia don’t scare me nor will they deter me. Like the hate groups history will one day show them as nothing but humps in the road to equality.

  3. Kevin says

    I think DOMA is gone but I do see a very real chance Prop 8 could be upheld,which would set us back a long way.
    After all Roberts thinks states are falling all over themselves to give us marriage equality,which isn’t the case.

  4. says

    @ JONES :

    I’m with you….we will fight forever…..it has already been “forever” for many of our brothers.
    As you say these bigots are only humps along the road who will be despised by history, their names and decisions will be the butt of condemnation in law schools for generations.

  5. Swiminbuff says

    I must admit the more they drag this out the less optomistic I am about your SCOTUS giving a favourable ruling on any gay rights issue. Glad I am north of the border and those battles are over for us.
    Really shocked about todays voters rights decision which makes me even less hopeful than I was.

  6. says

    Don’t be too surprised if the decision about the Voting Rights Act turns out to be a bone tossed to the bigoted right wing, and DOMA ends up getting struck down. I personally think they will let the CA Supreme Court ruling stand instead of striking down Prop 8 outright.

  7. JONES says

    6.26 is going to again be a historic day for the LGBT community.

    Regardless of what happens tomorrow I want to mark it as a national day of gay celebration. For all we’ve gained. For the fight yet to come. For Robbie & Jason & Coach Nicodemo. National Gay Day. In Pride month.

    Maybe National Coming Out Day. If you’re in a safe situation. National my best friend is gay and I love him/her day.
    National my teenage son is gay and he’s still perfect day.

    National everyone deserves equality day.

    It’s been a long wait.

Leave A Reply