The Supreme Court ruled today, 5-4, that the Defense of Marriage Act is unconstitutional:
UNITED STATES v. WINDSOR, EXECUTOR OF THE ESTATE OF SPYER, ET AL. [pdf]
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
No. 12-307. Argued March 27, 2013-Decided June 26, 2013
…The class to which DOMA directs its restrictions and restraints are those persons who are joined in same-sex marriages made lawful by the State. DOMA singles out a class of persons deemed by a State entitled to recognition and protection to enhance their own liberty. It imposes a disability on the class by refusing to acknowledge a status the State finds to be dignified and proper. DOMA instructs all federal officials, and indeed all persons with whom same-sex couples interact, including their own children, that their marriage is less worthy than the marriages of others. 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. This opinion and its holding are confined to those lawful marriages.
The judgment of the Court of Appeals for the Second Circuit is affirmed.
It is so ordered.
It’ll be interesting to see the reaction of all those members of Congress who voted for the legislation. Real profiles in courage, that.
Ari Berman @AriBerman
Scalia & Roberts dissents in #DOMA fault court for judicial activism. Funny how that didn’t stop them from radically gutting #VRA 9:12 AM – 26 Jun 13
Is anyone surprised?