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Supreme Court strikes down Defense of Marriage Act ruling on gay married couples

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By Bill Mears, WASHINGTON (CNN) — In a dramatic slap at federal authority, a divided Supreme Court has struck down a key part of congressional law that denies to legally married same-sex couples the same benefits provided to heterosexual spouses.

The Defense of Marriage Act defines marriage as only between a man and a woman.

The vote Wednesday was 5-4.

“Although Congress has great authority to design laws to fit its own conception of sound national policy, it cannot deny the liberty protected by the Due Process Clause of the Fifth Amendment,” said Justice Anthony Kennedy.

The case examined whether the federal government can deny tax, health and pension benefits to same-sex couples in states where they can legally marry. At issue was whether DOMA violates equal protection guarantees in the Fifth Amendment’s due process clause as applied to same-sex couples legally married under the laws of their states.

The key plaintiff is Edith “Edie” Windsor, 84, who married fellow New York resident Thea Spyer in Canada in 2007, about 40 years into their relationship. By the time Spyer died in 2009, New York courts recognized same-sex marriages performed in other countries. But the federal government didn’t recognize Windsor’s same-sex marriage, and she was forced to assume an estate tax bill much larger than those that other married couples would have to pay. So, Windsor sued the federal government.

A federal appeals court last year ruled in Windsor’s favor, saying DOMA violated the Constitution’s equal protection clause.

The case is U.S. v. Windsor (12-307).

5 comments

  • My Opinion

    Couples made up of two hes or two shes is NOT a marriage………..it is a civil union. A marriage occurs when the parts fit!!!!!!!!!!

  • Darly

    God, and Jesus are disappointed. Our founding fathers are rolling in their graves. So very sad for our society.

    • Guest

      Yes, so sad for our society that people who are not affected in any way other people's choices somehow feel the need to try and impose their thoughts/feelings/views on those who have different thoughts/feelings/views. If God and Jesus need to be disappointed about anything, it should be about the 52% of heterosexual couples who divorce and made a laughing stock of the institution of marriage. God and Jesus should be disappointed that the anti-gay crusade sits on their pedestals and judge others. Worry about your own life, not what other people do in their bedrooms.

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