Defense of Marriage Act Stuck down

DOMA struck down

Published by jwettschreck on Wednesday, June 26th, 2013

DOMA has been struck down by the U.S. Supreme Court.

5-4:DOMA is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment.

The “Defense of Marriage Act,” or DOMA, was passed in 1996 by Congress and signed into law by President Bill Clinton. It has two main functions. The part being challenged is called “Section Three,” which prevents the federal government from recognizing any marriages between gay or lesbian couples for the purpose of federal laws or programs, even if those couples are considered legally married by their home state. The other significant part makes it so that individual states do not legally have to acknowledge the relationships of gay and lesbian couples who were married in another state. Only the section that deals with federal recognition is being currently challenged in court.

From the SCOTUS liveblog: Justice Scalia is reading from his dissent right now. The Court’s opinion both in explaining its jurisdiction and its decision “both spring from the same diseased root: an exalted notion of the role of this court in American democratic society.

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.

Watch for further updates