The U.S. Supreme Court just minutes ago issued a decision in a landmark marriage case, ruling in favor of same-sex marriage supporters. In a 5-4 ruling the Court ruled that section 3 of DOMA is unconstitutional, based on the Fifth Amendment. It is a broad ruling, rendering the 1996 law that bans the federal government from recognizing same-sex marriages effectively void.
“DOMA singles out a class of persons deemed by a State entitled ot recognition and protection to enhance their own liberty,” the ruling states, relying on federalism principles. Chief Justice Roberts and Justice Scalia dissented.
DOMA is the Defense of Marriage Act of 1996 that banned the federal government from recognizing same-sex marriages, but allowed individual states to decide the issue. Since its passage, dozens of federal judges, President Barack Obama, Attorney General Eric Holder, and many others have deemed it unconstitutional. Even President Bill Clinton, who signed it into law, voiced his opposition to the law recently.
The American people in polls overwhelmingly have believed DOMA should be repealed or struck down, and also believe same-sex couples should be given the right to marry.
18,000 same-sex couples married in California between the time the California Supreme Court ruled same-sex couples had the right to marry, and when voters rescinded that right. Those couples were allowed to retain their marriages as legal, creating yet another distinct class of citizenry — something most courts abhor.
This is a developing story and may be updated throughout the day.
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Image, top, by Chris Mancilla via Instagram. Image of Edie Windsor by Gina Webber via Instagram. New York Times image by Lambda Legal, via Twitter.