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.


Posted June 26, 2013 at 10:04am ETC by Andy Towle
in Julie Bindel