US Supreme Court strikes blow for same sex marriage

DOMA and Prop 8 are both unconstitutional following todays rulings.

Two landmark rulings have come out of the US Supreme Court this afternoon. In a 5-4 vote, the Court ruled that the Defence of Marriage Act (DOMA), which bars the federal government from recognising same-sex marriages, violates the equal protection clause of the constitution; and in another 5-4 vote, the court refused to take an appeal from California over whether Proposition 8, a voter initiative which banned same-sex marriage in the state, should remain struck down.

The immediate effect in California is one of relief. The attempt to appeal to the Supreme Court had been hanging over couples' heads since 2010, when the Proposition was initially overturned by the US District Court. In the last three years, the appeal has risen through the court system to the Supreme Court, with its unconstitutionality being reaffirmed every time. Now that SCOTUS has refused to take the case, the unconstitutionality of Proposition 8 is set in stone, and couples in same-sex marriages in the state of California can rest easy.

The overturning of DOMA will have more wide-ranging effects. The act barred the federal government from recognising same-sex marriages at all, through an amendment to the "Dictionary Act" which defines terms used in other pieces of legislation. As a result, a couple legally married in Canada whose marriage was recognised by the state of New York are nonetheless treated as cohabiting by the federal government. This was the background of one of the cases which made it to the court today: Edith Windsor and Thea Spyer had been married for two years when Spyer died. Windsor found herself owing over $350,000 in federal estate taxes which she ought not to have had to pay (the federal estate tax provides an exemption for surviving spouses).

But the most important immediate effect for many will be on immigration. The federal government was not able to recognise same-sex marriages for immigration purposes, leaving many bi-national couples stuck in exile in countries like Britain and Canada. Andrew Sullivan has written extensively about this problem, calling it the "conservative case for same-sex marriage"; and now that case has been made, conclusively.

Photograph: Getty Images

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

Photo: Getty
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What the debate over troops on the streets is missing

Security decisions are taken by professionals not politicians. But that doesn't mean there isn't a political context. 

First things first: the recommendation to raise Britain’s threat level was taken by the Joint Terrorism Analysis Centre (JTAC), an organisation comprised of representatives from 16 government departments and agencies. It was not a decision driven through by Theresa May or by anyone whose job is at stake in the election on 8 June.

The resulting deployment of troops on British streets – Operation Temperer – is, likewise, an operational decision. They will do the work usually done by armed specialists in the police force protecting major cultural institutions and attractions, and government buildings including the Palace of Westminster. That will free up specialists in the police to work on counter-terror operations while the threat level remains at critical. It, again, is not a decision taken in order to bolster the Conservatives’ chances on 8 June. (Though intuitively, it seems likely to boost the electoral performance of the party that is most trusted on security issues, currently the Conservatives if the polls are to be believed.)

There’s a planet-sized “but” coming, though, and it’s this one: just because a decision was taken in an operational, not a political manner, doesn’t remove it from a wider political context. And in this case, there’s a big one: the reduction in the number of armed police specialists from 6979 when Labour left office to 5,639 today. That’s a cut of more than ten per cent in the number of armed specialists in the regular police – which is why Operation Temperer was drawn up under David Cameron in the first place.  There are 1340 fewer armed specialists in the police than there were seven years ago – a number that is more significant in the light of another: 900, the number of soldiers that will be deployed on British streets under Op Temperer. (I should add: the initial raft of police cuts were signed off by Labour in their last days in office.)

So while it’s disingenuous to claim that national security decisions are being taken to bolster May, we also shouldn’t claim that operational decisions aren’t coloured by spending decisions made by the government.  

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to British politics.

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