Supreme Court Strikes Down Part of Defense of Marriage Act as "unconstitutional"

John Jalsevac : Jun 26, 2013
LifeSiteNews.com

"[While disappointed with the ruling], we are encouraged that the court learned from the disaster of Roe v. Wade and refrained from redefining marriage for the entire country." –Tony Perkins, FRC.

In a significant blow for traditional marriage in the United States, the country's Supreme Court has ruled this morning that a portion of the Defense of Marriage Act is unconstitutional. At the same time, the court has declined to rule directly on the constitutionality of gay "marriage" itself, somewhat limiting the impact of the decision.

A part of the Clinton-era DOMA that prohibited "married" homosexual couples from receiving federal benefits was struck down 5-4. The majority decision was authored by Justice Anthony Kennedy. He was joined by Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan.

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

"The federal statute is invalid," it continues, "for no legitimate purpose overcomes the purpose and effect to disparage and 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."

The dissenting Justices were John Roberts, Antonin Scalia, Clarence Thomas and Samuel Alito.