DOMA is unconstitutional
Thank the gods the Defense of Marriage Act, the law barring the federal
government from recognizing same-sex marriages legalized by the states, is
unconstitutional, the Supreme Court ruled Wednesday by a 5-4 vote.
Justice Anthony Kennedy wrote in the majority opinion:"The federal
statute is invalid, for no legitimate purpose overcomes the purpose and effect
to disparage and to injure those whom the State, by its marriage laws, sought
to protect in personhood and dignity. By seeking to displace
this protection and treating those persons as living in marriages less
respected than others, the federal statute is in violation of the Fifth
Amendment.”
Justice Kennedy delivered the court’s opinion, and was
joined by Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and
Elena Kagan. Chief Justice John Roberts and Justices Antonin Scalia and Samuel
Alito all filed dissenting opinions. Justice Clarence Thomas joined Scalia's
dissent in whole and parts of Alito's opinion.
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