A good, concise analysis of the US Supreme Court’s rulings on the Defense of Marriage Act (DOMA) and California’s Proposition 8, from Jonathan Turley, whose blog is well worth following.
As many of us predicted, Justice Anthony Kennedy supplied the fifth vote today to strike down the Defense of Marriage Act (DOMA). I just returned from offering legal analysis in front of the Supreme Court (and roasting in the DC summer weather with CNN). I will be discussing the case tonight with BBC. The surprise was not in the outcome or the split but the scope of the decision. Kennedy could have rendered the same decision on a narrower basis but chose to render a more expansive endorsement of the constitutional protections for gay couples. These are marriages, plain and simple, and cannot be simply discharged by Congress. Kennedy wrote: “DOMA singles out a class of persons deemed by a State entitled to recognition and protection to enhance their own liberty.”
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