North America

Supreme Court finds Defense of Marriage Act unconstitutional

I

n a historic decision, the Supreme Court ruled on Wednesday that the federal Defense of Marriage Act is unconstitutional.

By a tight 5-4 vote, the court struck down the law, which since 1996 has barred the federal government from legally recognizing and extending benefits to same-sex couples.

"DOMA singles out a class of persons deemed by a State entitled to recognition and protection to enhance their own liberty," the court wrote in the majority opinion.

Justice Anthony Kennedy joined Justices Kagan, Sotomayor, Ginsburg, and Breyer in voting to strike down the law. Chief Justice John Roberts, as well as Justices Alito, Thomas, and Scalia voted against.

In a sweeping ruling, the court said that the federal government could no longer discriminate against same-sex couples. In his majority opinion, Kennedy framed the issue as one of liberty and equality, saying that to deny same-sex couples equal protection under the law was a violation of the Fifth Amendment.

"The power the Constitution grants it also restrains," Kennedy wrote. "And though Congress has great authority to design laws to fit its own conception of sound national policy, it cannot deny the liberty protected by the Due Process Clause of the Fifth Amendment."

This is a huge victory for gay rights activists, and in particular for Edith Windsor, the New York woman who brought the initial lawsuit that challenged DOMA's constitutionality.

Windsor, who challenged the federal government's refusal to recognize her 42-year marriage to her late wife, Thea Spyer, celebrated outside the Supreme Court Wednesday.

Anthony-Claret Onwutalobi
Anthony-Claret Onwutalobi
Anthony-Claret is a software Engineer, entrepreneur and the founder of Codewit INC and CEO of Portia Web Solutions. Mr. Claret publishes and manages the content on Codewit Word News website and associated websites. He's a writer, IT Expert, great administrator, technology enthusiast, social media lover and all around digital guy.
https://www.codewit.com

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