The Blog

Supreme Court: 'DOMA Singles Out a Class of Persons Deemed By a State Entitled to Recognition and Protection to Enhance Their Own Liberty'

10:10 AM, Jun 26, 2013 • By DANIEL HALPER
Widget tooltip
Single Page Print Larger Text Smaller Text Alerts

A key line from the Supreme Court's decision on the Defense of Marriage Act. "DOMA singles out a class of persons deemed by a State entitled to recognition and protection to enhance their own liberty."

More from the majority opinion, written by Justice Kennedy:

The power the Constitution grants it also restrains. And though 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.

What has been explained to this point should more than suffice to establish that the principal purpose and the necessary effect of this law are to demean those persons who are in a lawful same-sex marriage. This requires the Court to hold, as it now does, that DOMA is unconsti- tutional as a deprivation of the liberty of the person pro- tected by the Fifth Amendment of the Constitution.

The liberty protected by the Fifth Amendment’s Due Process Clause contains within it the prohibition against denying to any person the equal protection of the laws. See Bolling, 347 U. S., at 499–500; Adarand Constructors, Inc. v. Peña, 515 U. S. 200, 217–218 (1995). While the Fifth Amendment itself withdraws from Government the power to degrade or demean in the way this law does, the equal protection guarantee of the Fourteenth Amend- ment makes that Fifth Amendment right all the more specific and all the better understood and preserved.

The class to which DOMA directs its restrictions and restraints are those persons who are joined in same-sex marriages made lawful by the State. 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 the class by refusing to acknowledge a status the State finds to be dignified and proper. DOMA in- structs 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 mar- riages of others. The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to 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. This opinion and its holding are confined to those lawful marriages.

It is so ordered. 

 The judgment of the Court of Appeals for the Second Circuit is affirmed.

The Weekly Standard Archives

Browse 15 Years of the Weekly Standard

Old covers