The US Supreme Court Rules That The US Federal Defense Of Marriage Act Is UNCONSTITUTIONAL

DOMA is DEAD

The US Supreme Court has just issued its ruling regarding the Defense of Marriage Act (which defines marriage as between a man and a woman, which denies the federal benefits of marriage to same-sex married couples) here in the US. The Court has STRUCK DOWN DOMA AS UNCONSTITUTIONAL! Read below for more details, this post will be updated with more information as soon as it is made available.

From SCOTUS Blog:

DOMA is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment. DOMA singles out a class of persons deemed by a State entitled ot recognition and protection to enhance their own liberty. The opinion and its holding are confined to those lawful marriages … 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 … DOMA has been struck down. Opinion is by Justice Kennedy, joined by the four liberal Justices — Ginsburg, Breyer, Sotomayor, and Kagan.

HERE is the link to the full Supreme Court decision on DOMA.

UPDATE: As the decision regarding the Supreme Court‘s ruling on the DOMA case is further examined, Chief Justice Roberts mentions in his dissent that the Court has dismissed the other same-sex marriage case, Hollingsworth v. Perry — the California Proposition 8 case, on standing … which means that altho the Court has NOT yet issued it’s Prop 8 ruling, it looks like the case will be dismissed and the lower court ruling that the proposition is unconstitutional will stand:

Page 4 of the Roberts dissent, talking about Prop 8: “We hold today that we lack jurisdiction to consider it in the particular context of Hollingsworth v. Perry.” To be clear, the Court has not yet released the decision in Prop 8, but there is language in Windsor telegraphing that the Court will dismiss on standing. More from Roberts: “The Court does not have before it, and the logic of its opinion does not decide, the distinct question whether the States . . . may continue to utilize the traditional definition of marriage.”

Again, the Court’s ruling in the Prop 8 case has not yet been announced … but it looks like we now know that we get a marginal win in that case.

Stay tuned for updates.

UPDATE 2: Here is a concise explanation from the New York Times regarding the DOMA case ruling by the US Supreme Court:

The Supreme Court ruled 5 to 4 on Wednesday that the Defense of Marriage Act is unconstituional.

From SCOTUSblog: Roberts dissents. Scalia dissents. DOMA is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment. The opinion and its holding are confined to those lawful marriages.

From the decision: “DOMA singles out a class of persons deemed by a State entitled to recognition and protection to enhance their own liberty.”

SCOTUSblog quotes from the decision: “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.”

YES!!! THIS IS A HUGE WIN FOR THE US! Today we move FORWARD again toward the day that marriage equality can be enjoyed by EVERY CITIZEN in the entire UNITED STATES OF AMERICA! We will get there, we will get there soon!

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  1. Wonderful!!! I was so nervous, but was hoping!!!!!!!!!

  2. I’m so happy! It isn’t perfect (still allows states to ban gay marriage, etc), but I will take it!

    BIG STEP FORWARD!!! Yay!!!!!

    :: krissy twerks with glee ::

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