This is about to get legal jargon heavy, so I apologize in advance, because speaking from personal experience I know it can be enough to make you want to poke your own eyeballs out. But there have been a lot of incorrect explanations thrown around about SCOTUS’ decisions on both DOMA and Proposition 8. If we want to continue to fight for marriage equality, it’s important to understand the legal analyses at play, as well as their practical implications.
In a 5-4 ruling in United States v. Windsor, the Court struck down the provision of DOMA that denied federal benefits to same-sex couples who were legally married in their state(s) of residence. In holding that this provision of DOMA violated the Federal Constitution, the Court noted that it deprived legally married same-sex couples of their liberty without due process of law, and further deprived them of equal protection…
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