"DOMA is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment," Kennedy's opinion states.
The opinion uses plain language to mount a powerful defense of equality – and criticize the federal law:
The State’s decision to give this class of persons the right to marry conferred upon them a dignity and status of immense import. But the Federal Government uses the state-defined class for the opposite purpose—to impose restrictions and disabilities.
The court's opinion striking down Doma, written by Justice Kennedy,is here. Emphasis added:
DOMA’s history of enactment and its own text demonstrate that interference with the equal dignity of same-sex marriages, conferred by the States in the exercise of their sovereign power, was more than an incidental effect of the federal statute. It was its essence.
(h/t @chrisgeidner)
The US Supreme Court has ruled the Defense of Marriage Act unconstitutional, ScotusBlog reports. Justice Kennedy writes the opinion for a 5-4 majority.
1 comment:
hate can only last for so long
Post a Comment