DOMA Struck and Prop 8 Dead
Perhaps there is some good news in the Uranus/Pluto square that is currently playing itself out this year.
Pluto in Capricorn represents the toppling of government "systems," - Pluto loves to uncover rocks so the light can come through and clear out the mold and putrid smells. Aries is the energy of bringing forth something new, with Uranus there it comes from the individual.
So the decisions by the U.S. Supreme Court related to same-sex marriage are cases brought by individuals whose rights were denied. Edie Windsor, 83 and legally married to her deceased wife sought equal protection under the law for benefits denied by the federal government under the Defense of Marriage Act, or DOMA.
The court struck down one section of the law particularly related to "the special protection of one class of citizens (male/female married) under the law," requiring the federal government to recognize all married citizens equally under the law. The decision did not suggest that same-sex couples have a right to marry. But for those legally married in states that allow it, all federal rights to married couples apply from social security benefits, to immigration rights to military burial.
For residents of California, the "Prop 8" case is a tricky one with a happy ending. Again, individual plaintiffs sued the state of California over the ballot initiative "proposition 8" which became law as the result of public referendum - excluding same-sex couples from civil marriage. Previously, the State Supreme Court in Calif. had ruled that the state constitution did not deny same-sex couples from marriage. When the State of Calif was sued, Gov. Schwarzenegger refused to defend the law, creating confusion. The case was picked up by proponents for the law and Prop 8 was defeated. In appeal, Judge Vaughn Walker decided that the state of Calif. had no vested interest in denying same-sex couples the right to marry. but ordered a stay, pending appeal to the US Supreme Court. Then he retired and came out as a gay man.
This week, the U.S. Supreme Court ruled the proponents of Prop 8 had no standing to bring the case in the first place. Again, the court did no extra favors to same-sex couples in other states who are currently denied the right to marry. So without standing on appeal, Prop 8 is dead. The stay was lifted today and once again civil marriages in Calif are avail for any two people who wish to get married.
Congratulations to all of my brothers, sisters, two-spirits, cisgenders, genderqueers, etc... who want their unions recognized. What a momentous victory to enjoy!
"Sometimes you think you've lived before, all that you live today. Things do come back to you as though they knew the way. Oh, the tricks your mind can play." - Lorenz Hart