Supreme Court Strikes Down DOMA

The Supreme Court earlier today struck down the Defense of Marriage Act, the law barring the federal government from recognizing same-sex marriages, by a vote of 5-4.

Justice Anthony Kennedy wrote majority opinion:

“DOMA singles out a class of persons deemed by a State entitled to recognition and protection to enhance their own liberty. It imposes a disability on a class by refusing to acknowledge a status the State finds to be dignified and proper. DOMA instructs all federal officials, and indeed all persons with whom same-sex couples interact, including their own children, that their marriage is less worthy than the marriage of others. The federal statute is invalid …”

The court’s opinion was joined by Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan; Justices John Roberts, Antonin Scalia and Samuel Alito dissented.

Justice Scalia wrote the dissenting opinion.

“This case is about power in several respects,” he wrote. “It is about the power of our people to govern themselves, and the power of this Court to pronounce the law. Today’s opinion aggrandizes the latter, with the predictable consequence of diminishing the former.”

The decision essentially allows gay people who are married in the 12 states where it is legal, to receive federal benefits.

Read the whole decision here.

The plaintiff in the case is New York resident Edith Windsor. Windsor married Thea Spyer in Ontario in 2007 -- the couple met in 1963. When Spyer died in 2009, she left her entire estate to Windsor. Windsor sought to claim the federal estate tax exemption for surviving spouses, but was barred by the Federal Defense of Marriage Act (DOMA). Windsor paid $363,100 in estate taxes and sought a refund, which the IRS denied.

Locally, U.S. Rep. Alyson Schwartz, D-13, released this statement: 

"The Supreme Court was absolutely right to strike down the Defense of Marriage Act. This historic victory affirms that the Defense of Marriage Act is a fundamental violation of the right of equal protection under our Constitution. Every American should have equal rights under the law, including the legal right to marry who they love and are committed to. I will continue to work to ensure that all Americans receive equal rights and protection under the law and are treated with the respect and dignity they deserve.”

U.S. Sen. Bob Casey, D-Pa., recently released a statement agreeing with the decision.

“As a U.S. Senator representing Pennsylvania, I have read many letters written to me by LGBT Pennsylvanians and their families who want nothing more than equal rights under the law.  These letters included deeply personal statements from people across our Commonwealth and had a substantial impact on my decision to support marriage equality,” Casey said. "I believe the Supreme Court’s ruling on DOMA was a critical step in strengthening equal rights for all.”

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This is a developing story. Check back for updates.

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