New Civil Rights Cases (Rights pertaining to sexuality, violence & disabilities)

P-Cosmo RainbowNew Civil Rights*

Rights pertaining to Sexuality

I. Same Sex Marriage

A. Supreme Court Ruling on federal statute — the Defense against Marriage Act (DOMA).

U.S.v. Windsor 5 to 4 decision with the majority undermining DOMA on the basis of equal protection, but states rights still govern and most rights bestowed to married couples come from benefits determined largely by state laws (taxes, social security and health benefits, and employee rights come from state, not federal laws).

B. States Rights (Prop. 8 in California)

Sekhar v. U.S. states like California can do as they like, so states rights prevail and the case must go back to the court.

*Check out The New Civil Rights Movement