SCOTUS BLOG:
DOMA has been struck down!
DOMA 5-4 (Opinion by Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan. Dissent: Roberts, Scalia, Thomas, Alito)
Amy Howe:
– DOMA is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment.
– DOMA singles out a class of persons deemed by a State entitled ot recognition and protection to enhance their own liberty.
The opinion and its holding are confined to those lawful marriages.
– There is a “careful consideration” standard: In determining whether a law is motivated by improper animus or purpose, discriminations of an unusual character especially require careful consideration. DOMA cannot survive under these principles.
– What this means, in plain terms, is that same-sex couples who are legally married will be entitled to equal treatment under federal law– with regard to, for example, income taxes and Social Security benefits.
