The United States Supreme Court overturned the federal Defense of Marriage Act in one of two decisions regarding the rights of LGBT individuals to marry Wednesday, leaving the final decision on recognizing gay marriage, which Wisconsin currently does not, to the states.
DOMA was enacted in 1996 and defines marriage as being legal only when it is between a man and woman.
The Court overturned DOMA in a 5-4 decision as Justice Anthony Kennedy, who wrote the majority opinion, sided with the High Court’s liberal contingent. The case before the Court began in New York, which has already recognized the right of LGBT individuals to wed, and challenged DOMA on the grounds it discriminated against a state’s right to define marriage.
In addition to overturning DOMA, the Court also ruled in favor of extending federal benefits to same-sex couples living in states that recognize gay marriage.
Donald Downs, a political science professor at the University of Wisconsin-Madison, said the Court could have ruled gay marriage to be a constitutional right, which would allow it to be recognized in every state. By limiting its decision and keeping states in control, the Court has stayed away from any sweeping policies.
“I think the Court right now is reluctant to [make a broad ruling] because they are seeing all this change taking place in terms of gay marriage,” Downs said. “They are going to let the political process work itself out.”
Despite the absence of a broad ruling, Downs said the decision is a victory for those involved with the LGBT movement in the country, even though it will have a limited effect in states that do not already recognize gay marriage.
Wisconsin’s decision not to recognize gay marriage was made in a 2006 referendum where 59 percent of voters kept same-sex marriage from gaining legal recognition. But Downs said the general trend around the country has changed since the referendum, as more voters, including Republicans, are voicing their support of gay marriage.
He added that given the current trend toward recognizing same-sex marriage, the Supreme Court’s decision would likely give LGBT groups an increased “legal foundation” from which to push for change. Downs likened the decision to “another arrow in an organization’s quiver.”
Organizations within Wisconsin that might look to change current state law would have to push for the equality through another state referendum, as the current language was written as an amendment to the state constitution.
U.S. Rep. Mark Pocan, D-Wis., who is the only married gay member of Congress, said in a statement the decision is a step forward for LGBT citizens.
“As we celebrate this momentous occasion, we must continue to move forward and ensure all loving couples are treated as equals,” Pocan said in a statement. “While my husband Phil and I continue to wait to have our marriage recognized by both Wisconsin and Washington, I am now more confident than ever that full marriage equality is a question not of if, but when.”
