(PRWEB) June 27, 2013
Adhere to-up action is required from the Obama Administration or the courts to support clarify how the Defense of Marriage Act (DOMA) will be applied across the nation, says Associate Dean and Professor Anthony Niedwiecki of Chicagos John Marshall Law School.

Although the Court struck down DOMA in United States v. Windsor, No. 12-307 (U.S. June 26, 2013), it did not deliver any further directions, arguing that it had no other purpose to venture into matters typically left to the state except to stigmatize and demonize gay people.

For that reason, a question still remains on whether or not all or some of these rights will extend to those folks who have been married in one state but now live in a state that doesn’t recognize very same-sex marriage, the professor stated.

Niedwiecki, a gay activist, said he is anxious to see what the next step will be in clarifying the Wednesday ruling. He referred to as the selection granting gay couples equal protections under federal law an historic ruling. The court said defining marriage as between one particular man and one lady was wrong. All couples, regardless of sexual orientation, are eligible for federal rewards, such as tax rules and Social Safety payments.

The Court stated that the law unfairly treated legally married same-sex couples differently than legally married opposite-sex couples an action that violated the Equal Protection Clause of the U.S. Constitution,” the law professor explained.

Niedwiecki predicted the impact of this choice will be quick for those identical-sex couples who are legally married in their state. A query nevertheless remains on whether or not all or some of these rights will extend to those people who were married in one state but now live in a state that doesn’t recognize identical-sex marriage.

In its second choice Wednesday, Hollingsworth v. Perry, No. 12-144 (U.S. June 26, 2013), the Court examined an objection to Californias Proposition 8 authorized in 2008 that declared marriage between a man and a woman. In its choice, the Court ruled that these opposed to gay marriage lacked standing to bring an appeal in which the federal district court and the 9th Circuit Court of Appeals each located the California law unconstitutional.

While the case was getting appealed, no same-sex marriages had been performed, but California Governor Edmund Jerry Brown has ordered all clerks in the state to commence issuing marriage licenses to exact same-sex couples as soon as the district court lifts its “stay.”

About The John Marshall Law School

The John Marshall Law School, founded in 1899, is an independent law college positioned in the heart of Chicagos legal, financial and industrial districts. Via classes, clinics and unique programs, students create the strategic, analytical and transactional lawyering skills that are so useful to employers. Its superb curriculum, coupled with outstanding abilities and experiential finding out, aid make John Marshall graduates practice-prepared from day a single. For practicing attorneys, John Marshall delivers nine LLM degrees, a lot more than any other law college in the Midwest. John Marshall is also a leader in supplying distance education alternatives in intellectual home, estate planning and employee benefits at the advanced graduate degree level. John Marshall provides six clinical experiences, such as the nationally recognized Veterans Legal Support Center & Clinic and the Fair Housing Legal Clinic. U.S. News & Planet Reports Americas Best Graduate Schools 2014 edition ranks John Marshalls Lawyering Abilities Plan second and its Intellectual House Law plan 12th in the nation.