Leaders of the area’s Jewish LGBT community rejoiced today after the Supreme Court ruled that part of the Defense of Marriage Act (DOMA), which denied federal benefits to same-sex couples, was unconstitutional. The court also paved the way for a return of same-sex marriage to California in a separate case by dismissing an appeal to Proposition 8 that banned such marriages.
“It’s a historic and wonderful day,” said Rabbi Denise Eger of Congregation Kol Ami, a Reform congregation serving gay and lesbian Jews in West Hollywood. “It means marriages are restored in California It means federal protection.”
Kol Ami is a sponsor of a rally tonight in support of the rulings. It will take place at 5:30 p.m. at San Vicente and Santa Monica boulevards.
According to Eger, the ruling gives married LGBT couples 1,138 benefits that were previously denied to them, including Social Security benefits for surviving spouses, the ability to file tax returns together and hospital visiting rights for spouses.
Other examples abound.
“Let’s say there is a binational couple,” Eger said. “A heterosexual couple can apply to have one spouse have permanent residency status in the United States. [LGBT] people were hanging in limbo, where one spouse was forced to live in their country of origin while other, say, finishes school here in America.”
Rabbi Lisa Edwards of Beth Chayim Chadashim, the world’s oldest gay and lesbian synagogue, pointed out that the court’s rulings do not address prohibitions against gay marriage in other states and that prejudice remains. But, she said, “It will take us a long way.”
Edwards’ congregation on Pico Boulevard has been involved in many of the efforts to bring about marriage equality, including Equality California, GLAAD, and the Courage Campaign.
To celebrate today’s court rulings, BCC has planned two events. On Friday night, a chuppah will be placed on the bimah as a symbol. Two days later on June 30, David Codell, who was involved in the litigation for the 2008 California Supreme Court ruling that struck down the state’s ban on same-sex marriage, will speak from 2-4 p.m. The event will be streamed live on the Web at bcc-la.org.
Codell, who received BCC’s Humanitarian Award this year, is currently the visiting legal director of the Williams Institute at the UCLA School of Law.
“These are exciting steps forward. The court’s ruling invalidating DOMA is monumental. It enables same-sex couples to finally experience equality under the law,” Codell told the Journal.
“Exactly 10 years ago today, the Supreme Court ruled that the states could not make it a crime for gay people to have intimate relations. The progress in 10 years is remarkable. Today the court recognized that the families that same-sex couples formed are entitled to the same dignity as other families.”
Codell predicts that it will take some time to determine how today’s ruling will apply to same-sex couples in states that do not currently recognize same-sex marriage. In California, however, same-sex marriages could resume in as little as a month. Even then, there are more important decisions to be made.
“Is the Supreme Court’s decision effective as of now, or is it retroactive to the date a couple was married?” Codell asked. “It will likely take time to sort out these questions.”
Both Eger and Edwards already have begun scheduling same-sex marriages. Edwards says that many people planned their marriages after the election in 2008 and then got “left out.”
Eger said, “The Supreme Court did not give us a sweeping marriage ruling, which means we have to continue to fight for equality… but I believe we will be successful.”