In another landmark case, the Supreme Court ruled that the 1996 Defense of Marriage Act was unconstitutional because it violated the Fifth Amendment’s guarantee of equal liberty to same sex couples. To many of us who believe that marriage rights should be extended to all consenting, loving adults, this is a truly remarkable moment in the history of this country. It makes me think of Martin Luther King, Jr.’s famous quote: “The arc of the moral universe is long, but it bends toward justice.” In 100 years, the fight that has been waged by proponents of same-sex marriage will likely be conceptualized as another chapter in the book of civil rights struggles.

Importantly, the Supreme Court did not establish a constitutional right to same-sex marriage; rather, it articulated that same-sex couples whose marriages are recognized at the state level will be afforded the same recognition at the federal level. Interestingly, Justice Scalia, a vocal opponent of same-sex marriage, noted that this decision will pave the way for the eventuality that marriage rights and benefits will be extended to all  same-sex couples. I agree with this view, since it is rather easy to anticipate the next legal challenges that will emerge:

–Same-sex couples who are legally married and then move to a state that prohibits same sex marriages. It seems straightforward to anticipate that these states will be forced to recognize the legality of the marriages obtained in other states

–Same-sex couples who are denied the right to marry in a particular state will then be prevented from obtaining the same federal recognition and rights that other same-sex couples in other states have. This would seem to also be an untenable inequality, since it is hard to imagine that the federal government would tolerate unequal treatment of citizens from the same class merely by virtue of their place of residence.

So, while this decision has not yet fully settled the issue, it seems clear that it is only a matter of time, and likely a short matter at that. From the perspective of psychology, sexual orientation and identity are are sociopolitical statuses that are intertwined with individual and collective identity, like race and ethnicity, gender, and social class. These statuses affect how we see ourselves, others, and our relationships with our communities and country. Thus, it is critical to understand the effects of institutionalized discrimination based on these statuses, as well as the effects of institutional changes like today’s Supreme Court decision. I encourage you to visit the website of my colleague, Abbie Goldberg, who has explored some of these questions in her work on transition to parenthood among diverse families.