Skip to main content

Amy Howe, editor of the SCOTUSblog, offered the following plain english explanation of the Supreme Court ruling that was handed down today on DOMA, the Defense of Marriage Act. On the United States v. Windsor Ms. Howe said:

same sex marriage

The federal Defense of Marriage Act defines “marriage,” for purposes of over a thousand federal laws and programs, as a union between a man and a woman only. Today the Court ruled, by a vote of five to four, in an opinion by Justice Kennedy, that the law is unconstitutional. The Court explained that the states have long had the responsibility of regulating and defining marriage, and some states have opted to allow same-sex couples to marry to give them the protection and dignity associated with marriage. By denying recognition to same-sex couples who are legally married, federal law discriminates against them to express disapproval of state-sanctioned same-sex marriage. This decision means that same-sex couples who are legally married must now be treated the same under federal law as married opposite-sex couples.

There will be more on this decision as well as the controversial Proposition 8 decision in the days following these historic Supreme Court decisions.

Scroll to Continue

Recommended Articles