This is an amazing day. I was here in DC, working at HRC when the marriage issue first came up in Hawaii. I was here when DOMA passed. Today, I was here to see it fall.
DOMA is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment.
The court has struck down the Defense of Marriage Act (DOMA), by a 5-4 decision.
Justice Anthony Kennedy, who is often the swing vote on the court, wrote the opinion.
The majority opinion ruled that the law “violates basic due process and equal protection principles applicable to the Federal Government.”
“The avowed purpose and practical effect of the law here in question are to impose a disadvantage, a separate status, and so a stigma upon all who enter into same-sex marriages made lawful by the unquestioned authority of the States,” Kennedy wrote.
DOMA effectively outlawed gay marriage at the federal level, but the Obama Administration has decided not to enforce it in recent years.