DOMA Goes Down in Defeat

Justice Kennedy, writing for the majority:

DOMA singles out a class of persons deemed by a State entitled to recognition and protection to enhance their own liberty. It imposes a disability on the class by refusing to acknowledge a status the State finds to be dignified and proper.

DOMA instructs all federal officials, and indeed all persons with whom same-sex couples interact, including their own children, that their marriage is less worthy than the marriages of others.

The federal statute is invalid, 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.

By seeking to displace this protection and treating those persons as living in marriages less respected than others, the federal statute is in violation of the Fifth Amendment.

This opinion and its holding are confined to those lawful marriages.

The judgment of the Court of Appeals for the Second Circuit is affirmed.

It is so ordered.

Continue reading → DOMA Goes Down in Defeat

Can Cheaters Defend Marriage?

I recently read a tremendous account of a man who took his son, a big fan of the honorable Mahatma Gandhi, to perhaps receive some advice on how to get his son to quit his addiction to sweets. Gandhi asked the man to come back with his son two weeks later. The man said that it would be cost prohibitive and wondered why Gandhi could not help him at that time. Gandhi explained that he would just have to come back two weeks later.

Continue reading → Can Cheaters Defend Marriage?