June 26th: A Historic Day of Progress
The foundation of our democracy depends on the people and our three coequal branches of government. Among these branches, it is the Supreme Court that ultimately decides what the laws and constitution say and mean. The Court reflects the growing pains of our democracy, sometimes pushing us forward towards a more just society while sometimes stalling our progress.
June 26 is an historic day for the LGBTQ community. It was on this day that three landmark Supreme Court cases were decided, each bringing greater equality to our country and dignity to LGBTQ people.
I am proud to be an original cosponsor of the Equality Day Resolution, which would recognize June 26 and the historic advances made today.
Lawrence v. Texas (2003)
This was the first case to recognize LGBT had rights under the U.S. Constitution’s due process clause. Lawrence reversed a Supreme Court decision from 1986, Bowers v. Hardwick, and held that any law prohibiting private same-sex relationships is unconstitutional.
Justice Kennedy wrote: “Moral disapproval of this group, like a bare desire to harm the group, is an interest that is insufficient to satisfy rational basis review under the Equal Protection Clause. Indeed, we have never held that moral disapproval, without any other asserted state interest, is a sufficient rationale under the Equal Protection Clause to justify a law that discriminates among groups of persons.”
U.S. v. Windsor (2013)
The Court in Windsor held that the federal government must recognize same-sex marriages recognized by individual states, allowing couples married in states with marriage equality access to all of the federal rights and responsibilities of marriage. The case invalidated key provisions of the Defense of Marriage Act.
Justice Kennedy wrote: “The Constitution’s guarantee of equality ‘must at the very least mean that a bare congressional desire to harm a politically unpopular group cannot’ justify disparate treatment of that group. … DOMA cannot survive under these principles.”
Perry v. Schwarzenegger (2013)
The Court held in Perry that opponents of marriage equality didn’t suffer any “personal and tangible harm” by California’s support of same sex marriage and accordingly had no standing to appear in Court to try and invalidate same sex marriages.
Justice Roberts: “As this Court has repeatedly held, such a ‘generalized grievance’ — no matter how sincere — is insufficient to confer standing.”
Obergefell v. Hodges (2015)
The Court in Obergefell struck down all remaining bans on same-sex marriage, bringing nationwide marriage equality to the United States.
Justice Kennedy: “In forming a marital union, two people become something greater than once they were. As some of the petitioners in these cases demonstrate, marriage embodies a love that may endure even past death. It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right.”
