Windsor Supreme Court Decision: Westlaw Headnote Preview

June 26, 2013

Security guards walk the steps of the Supreme Court before Justice Elena Kagan's investiture ceremony in WashingtonHere is preview headnote from the Windsor Supreme Court decision.

Provision of Defense of Marriage Act (DOMA) defining, for federal law, “marriage” only as a legal union between a man and a woman and “spouse” only as a person of opposite sex who was a husband or wife, was unconstitutional as a deprivation of the liberty of the person protected by the Fifth Amendment; DOMA’s unusual deviation from the usual tradition of recognizing and accepting state definitions of marriage operated to deprive same-sex couples of the benefits and responsibilities that come with the federal recognition of their marriages and placed a stigma upon all who have entered into same-sex marriages made lawful by the unquestioned authority of the States. U.S.C.A. Const.Amend. 5; 1 U.S.C.A. §7.


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