The Common Good

DOMA Ruled Unconstitutional; SCOTUS Declines Ruling on Prop 8

The Supreme Court this morning struck down the Defense of Marriage Act, 5-4, which prohibits the federal government from recognizing same-sex marriages performed in states.

From the opinion

"DOMA violates basic due process and equal protection principles applicable to the Federal Government. The Constitution’s guarantee of equality 'must at the very least mean that a bare congressional desire to harm a politically unpopular group cannot' justify disparate treatment of that group."

Read the full opinion here.

Following the court's announcement, President Barack Obama Tweeted his support. 


 

The Washington Post reports:

“The federal statute is invalid,” wrote Anthony Kennedy in his majority opinion, “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.”

Read more here.

Also on Wednesday, in another 5-4 decision, the Court ruled that the appeal to the lower court's decision overturning California's Proposiion 8 — the state ballot measure that ruled that only marriage between a man and a woman would be recognized — had no standing, in effect, allowing same-sex marriage to continue on the state. 

Read the opinion here.

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