The DOMA Decision: A National Rule Masquerading as Federalism

After making us wait so long for a decision, at least SCOTUS could have delivered a coherent opinion on the Defense of Marriage Act. Instead, the majority’s opinion in United States v. Windsor is an incoherent mess. Justice Kennedy, joined by the four liberal justices held that DOMA “violates basic due process and equal protection principles applicable to the Federal Government.”

The bottom line is that this decision creates a national mandate in favor of same-sex marriages. The majority attempts to deny this, insisting that its decision is limited only to the application of DOMA, but the majority’s reasoning must lead inexorably to the destruction of all traditional marriage laws. 

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