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BREAKING: Defense of Marriage Act struck down by Supreme Court

DOMA trials Marriage equality Marriage Equality Trials

By Jacob Combs, Scottie Thomaston and Adam Bink

Huge news: The Supreme Court has ruled that the Defense of Marriage Act violates the U.S. Constitution, striking down the law and extending federal marriage benefits for duly married same-sex couples.

Here are the choice quotes from the Supreme Court’s official summary of the opinion in U.S. v. Windsor:

1. This Court has jurisdiction to consider the merits of the case.

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

The ruling does not resolve the heightened scrutiny vs. rational basis scrutiny questions.  From the opinion:

The majority opinion need not get into the strict-vs.- rational-basis scrutiny question, and need not justify its holding under either, because it says that DOMA is un- constitutional as “a deprivation of the liberty of the person protected by the Fifth Amendment of the Constitution,” ante, at 25; that it violates “basic due process” principles, ante, at 20; and that it inflicts an “injury and indignity” of a kind that denies “an essential part of the liberty pro- tected by the Fifth Amendment,” ante, at 19.

Via the always wonderful Kathleen, here’s a Scribd embed of the decision:

[scribd id=149966932 key=key-rmvl3982bp1s9j4bxql mode=scroll]

This is a breaking news post.  For further updates and reactions, follow us on our Supreme Court decision day liveblog.

1 Comment

  • 1. max  |  July 6, 2013 at 3:34 pm


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