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It’s Called Equal Protection and Due Process, Associate Justice Scalia

June 26, 2013, 12:44 pm

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As Associate Justice Anthony Kennedy wrote for the majority in today’s historic decision to overturn the Defense of Marriage Act, “DOMA seeks to injure the very class New York seeks to protect. By doing so it violates basic due process and equal protection principles applicable to the Federal Government.” (p. 20)

Yep. What he said: seeks to injure. That is exactly what those people who wrote, promoted, and signed, DOMA sought to do, for their own political gain. Back in 1996, the House Judiciary Committee explicitly stated that the Defense of Marriage Act was intended to “reflect and honor a collective moral judgment and to express moral disapproval of homosexuality.”

The “plain English” version of United States v. Windsor from Amy Howe is over at SCOTUS Blog:

The federal Defense of Marriage Act defines “marriage,” for purposes of over a thousand federal laws and programs, as a union between a man and a woman only. Today the Court ruled, by a vote of five to four, in an opinion by Justice Kennedy, that the law is unconstitutional. The Court explained that the states have long had the responsibility of regulating and defining marriage, and some states have opted to allow same-sex couples to marry to give them the protection and dignity associated with marriage. By denying recognition to same-sex couples who are legally married, federal law discriminates against them to express disapproval of state-sanctioned same-sex marriage. This decision means that same-sex couples who are legally married must now be treated the same under federal law as married opposite-sex couples.

For the complete case, including a typically vile and crazed dissent authored by Associate Antonin Scalia and joined by Clarence Thomas that, among other things, accuses Barack Obama of undermining democracy, go here.

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