Defense of Marriage Act Section 3 Declared Unconstitutional; Court Refuses To Rule on Prop 8

Read the opinions here. The conclusion:

The class to which DOMA directs its restrictions and restraints are those persons who are joined in same-sex marriages made lawful by the State. DOMA singles out a class of persons deemed by a State entitled to recognition and protection to enhance their own liberty. It imposes a disability on the class by refusing to acknowledge a status the State finds to be dignified and proper. DOMA instructs all federal officials, and indeed all persons with whom same-sex couples interact, including their own children, that their marriage is less worthy than the marriages of others. The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to 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, the federal statute is in violation of the Fifth Amendment. This opinion and its holding are confined to those lawful
marriages.

The judgment of the Court of Appeals for the Second
Circuit is affirmed.”-

The Court denied standing to Proposition 8’s petitioners. Gay marriage will be legal for California’s 38 million citizens (who comprise over 11% of all Americans).

Your Thoughts?

"Getting out of religion and back into nature is incredibly difficult. Cult-ural Science, cult-ural religion, ..."

Have I Considered Catholicism Sufficiently?
"Following on from my last past here - As pervasive as the term original sin ..."

Have I Considered Catholicism Sufficiently?

Browse Our Archives

Follow Us!


What Are Your Thoughts?leave a comment