Supreme Court rules 5-4 that Defense of Marriage Act is Unconstitutional

June 26, 2013

The Supreme Court ruled Wednesday that legally married same-sex couples should get the same federal benefits as heterosexual couples.

The court invalidated a provision of the federal Defense of Marriage Act that has prevented married gay couples from receiving a range of tax, health and retirement benefits that are generally available to married people. The vote was 5-4.

 Justice Anthony Kennedy wrote the majority opinion... the rest

The Aggrandizing Court-First Things

Albert Mohler: “Waiting for the Other Shoe”—The Supreme Court Rules on Same-Sex Marriage
Excerpt:
The Court’s majority did not want to pay the political price that a decision as immediately sweeping as Roe v. Wade would have cost. Instead, the majority decided to send a clear signal that such a case will now be well received. It struck down DOMA by employing a logic that, as Scalia noted, cannot stop with the striking down of DOMA. It can only stop with the full legalization of same-sex marriage in all fifty states by judicial fiat.

But wait, for there are more shoes to drop. In his opinion today, remember that Justice Kennedy wrote these crucial words: ”The history of DOMA’s enactment and its own text demonstrate that interference with the equal dignity of same-sex marriages, a dignity conferred by the States in the exercise of their sovereign power, was more than an incidental effect of the federal statute. It was its essence.”

What about laws against polygamy? Was Justice Kennedy even aware of just how sweeping this statement would be? Laws against polygamy were explicitly passed in order to “interfere” with the “equal dignity” of multiple-spousal marriages. Justice Kennedy’s opinion, now the Court’s decision, destroys any legal argument against polygamy.

Scalia: 'High-Handed' Kennedy Has Declared Us 'Enemies of the Human Race'
...But to defend traditional marriage is not to condemn, demean, or humiliate those who would prefer other arrangements, any more than to defend the Constitution of the United States is to condemn, demean, or humiliate other constitutions. To hurl such accusations so casually demeans this institution. In the majority's judgment, any resistance to its holding is beyond the pale of reasoned disagreement. To question its high-handed invalidation of a presumptively valid statute is to act (the majority is sure) with the purpose to "disparage," "injure," "degrade," "demean," and "humiliate" our fellow human beings, our fellow citizens, who are homo- sexual. All that, simply for supporting an Act that did no more than codify an aspect of marriage that had been unquestioned in our society for most of its existence— indeed, had been unquestioned in virtually all societies for virtually all of human history. It is one thing for a society to elect change; it is another for a court of law to impose change by adjudging those who oppose it hostes humani generis, enemies of the human race....

Press Statement: Episcopal Church Presiding Bishop welcomes Supreme Court marriage decision Of course...