ATTORNEY GENERAL RESPONDS TO SUPREME COURT SAME SEX MARRIAGE DECISIONS
DENVER—The United States Supreme Court issued opinions today on two cases involving same sex marriage. U.S. v. Windsor was a challenge to the constitutionality of the federal Defense of Marriage Act (DOMA) which denied certain federal benefits to same sex couples married under state laws. Hollingsworth v. Perry was a challenge to the constitutionality of California’s Proposition 8 declaring a marriage was between one man and one woman. Proposition 8 is virtually identical to a Colorado constitutional provision passed by voters in 2006.
In striking down DOMA on a 5-4 vote, the Supreme Court reiterated that Congress is not given the power in the U.S. Constitution to define marriage and that what constitutes marriage remains the exclusive province of the states. The opinion clarifies that the federal government cannot discriminate against same sex couples recognized as married under state laws. The Attorney General’s Office did not weigh in on the merits of the DOMA case in the Supreme Court.
DateJune 26th, 2013