Supreme Court Strikes Down DOMA in 5-4 Decision


The Supreme Court has struck down the Defense of Marriage Act (DOMA) in a 5-4 decision.

"DOMA is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment."

The standard the court used: is "careful consideration"... not heightened scrutiny, but harkens back to Romer and Lawrence. Rational basis plus.

More excerpt: "The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and 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."

Read the opinion HERE.

Ari Ezra Waldman will have complete analysis coming up! Stay tuned.


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  1. Really Roberts?! Really?!

    Posted by: kpo5 | Jun 26, 2013 10:05:28 AM

  2. damn!!!

    Posted by: Jay M | Jun 26, 2013 10:11:46 AM

  3. No words. What an amazing day.

    Posted by: Chris | Jun 26, 2013 10:11:59 AM

  4. One down and one to go! Not a good day for the GOP so far.

    Posted by: Tom | Jun 26, 2013 10:12:04 AM

  5. Equal protection. Struck down based on equal protection. That is huge!

    Indications are Prop 8 is going to be thrown out so what most people expected is going to happen. Marriages looking likely to resume in California!

    Posted by: Francis #1 | Jun 26, 2013 10:13:27 AM

  6. WOW.

    Posted by: Ken | Jun 26, 2013 10:13:57 AM

  7. Very good, now Prop 8.

    Posted by: Matt26 | Jun 26, 2013 10:15:05 AM

  8. Suck balls, Scalia.

    Posted by: Jason | Jun 26, 2013 10:16:15 AM

  9. to quote Craig Ferguson

    "It's a great day for America"

    Posted by: A Moose | Jun 26, 2013 10:16:20 AM

  10. I'm glad the court struck down DOMA. But, it is foolish to equate DOMA with the Republican party. It's true that the GOP contains more supporters of DOMA than the Democratic Party does; but on the other hand a significant number of Republicans disagree with it. There is such a thing as a gay Republican. In fact, this post is written by one.

    It's not a bad day for Republicans, but it is a good day for gays.

    Posted by: ernstroehm's ghost | Jun 26, 2013 10:16:58 AM

  11. Fantastic news.

    The Bill Clinton signed hate-law is no more.

    I wonder will Clinton FINALLY apologise for the damage he inflicted on our community with this law.

    Posted by: MaryM | Jun 26, 2013 10:19:27 AM

  12. The President has had his ups and downs, but ALL Y'ALL best be thanking him for appointing Sotomayor and Kagan. If 2008 had gone any differently, today would have been a very sad day.

    Posted by: kpo5 | Jun 26, 2013 10:20:42 AM

  13. ernstroehm's ghost

    so you're the new GOP troll? Cool!

    No, of course there's no association between the Republican party and anti-gay politics and policies. Nothing at all. Nothing to see here. Move along now.

    Posted by: EchtKultig | Jun 26, 2013 10:21:17 AM

  14. I want to get an apology from Bill Clinton re DOMA.

    Posted by: Jason | Jun 26, 2013 10:26:34 AM

  15. Gay Republicans are despicable. I know, I dated one once. BLECH.

    Posted by: Ken | Jun 26, 2013 10:26:47 AM

  16. Kennedy's opinion relating to state regulation of marriage under constitutional guarantees was spot on.

    Posted by: JONES | Jun 26, 2013 10:27:47 AM

  17. Suck Balls too, Roberts! You should have called it a different name..its about the rights not what you call it;

    You called the healthcare plan's mandatory requirement for us to buy insurance a TAX and not a FEE...thereby making the plan legal,

    Why didnt you just create a similar distinction between Civil Marriage and Religious is about rights and the other about a sacrament???? was so easy, and you're so stupid.

    Posted by: Tom | Jun 26, 2013 10:29:21 AM

  18. I think bill Clinton did apologize.

    Posted by: Frank | Jun 26, 2013 10:36:54 AM

  19. So, I live in Ohio where I can't marry. What if I visit a state where I can get married and marry my partner then return to Ohio. Will the federal government recognize my marriage?

    Posted by: nick | Jun 26, 2013 10:37:35 AM

  20. There's speculation that one of the reasons Clinton signed this act into law was to stop a change to the constitution. In the long run it was good it was tied to an act and not fully tied to the constituion. I don't think he had a choice, but chose the lesser of two evils (possibly knowing it would fail). I will of course wait to hear from him before I pass judgement.

    Posted by: Hey Darlin' | Jun 26, 2013 10:41:52 AM

  21. There was no movement for a federal marriage amendment until years AFTER Clinton signed DOMA. After signing DOMA, Clinton went on Christian radio programs to tout his "Family Values" based on DOMA.

    Clinton has been trying to re-write history ever since.

    Posted by: nick | Jun 26, 2013 10:45:05 AM

  22. Hooray, it's the end of gender non-conformity, both parties can now be real men.

    Posted by: UFFDA | Jun 26, 2013 10:54:25 AM

  23. Will Ari get into a discussion of 'careful consideration" because I have no idea what that means. It sounds like a fourth standard between rational basis with teeth and heighten scrutiny

    Some of the actual reading of the opinion to me is also confusing because they use terms like legitimate purpose which sounds like heighen scruntiy

    Posted by: Factoids | Jun 26, 2013 10:55:51 AM

  24. I believe the Court is implying that, since already married gay couples have the same rights as straight couples, then their marriages would have to be legally recognized in other states, just as stright marriage would. This is not explicit, but it follows logically.

    Posted by: Jack M | Jun 26, 2013 11:04:39 AM

  25. Gay Republican uses the moniker ernstroehm's ghost. How appropriate, a gay Republican identifying with a gay dead Nazi thug. Some things never change. Nazi's and Republicans are almost interchangeable entities.

    No it's not a bad day for Republicans. They will now use the overturn of DOMA and Prop 8 to refuel the flames of hate and division. They will wage war against this decision just as they have waged war against Roe-v-Wade. The defiance of the court's ruling and attempts at nullification will commence before day's end. Republicans will do all they can to fight it, raise money from it and try to find a political or legal way around it. Personally, I think gay Republicans are sick and twisted creeps. Selfish and no doubt driven by greed and self hate. I refuse to knowingly associate with Republicans whether straight or gay.

    As for the thoroughly obnoxious Alito, the incredibly intellectually bankrupt Scalia, the monumentally stupid Thomas and the diabolically duplicitous Roberts, you comprise the core of the most disgusting and despicable supreme court in this nation's history. Roberts and his politically driven conservative activists will not be remembered kindly by history.

    I'm very happy about the DOMA and Prop 8 decisions, but the rest of this court's work has been nothing but a sell out to a southern conservative political agenda and the Chamber of Commerce. I hope one or more of these four conservative poltroons retires or dies while we still have a Democrat in the WH.

    Posted by: Bob R | Jun 26, 2013 11:11:49 AM

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