Windsor Decision Strongly Worded, Perry Decision Not So Much

As I have previouslydiscussed, same-sex married couples now have full access to a wide range offederal benefits now that the Supreme Court has ruled DOMA unconstitutional.

In the sharply worded 5-4decision of United States v. Windsor,the Supreme Court found DOMA to be in violation of the Fifth Amendment.  Writing for the majority, Justice AnthonyKennedy stated, “By creating two contradictory marriage regimes within the sameState, DOMA forces same-sex couples to live as married for the purpose of statelaw but unmarried for the purpose of federal law . . . [b]y this dynamic DOMAundermines both the public and private significance of state sanctionedsame-sex marriages; for it tells those couples, and all the world, that theirvalid marriages are unworthy of federal recognition.”

The decision in Hollingsworth v. Perry was much lesssatisfying, as the Supreme Court dismissed the appeal on a technicality.  The Supreme Court found that the backers ofProposition 8 did not have standing to appeal the case, so the Court had noauthority to decide the case on the merits. Therefore, the California District Court’s order will stand, andsame-sex marriage will continue in California. However, the outcome of Hollingsworthwill have no impact outside of California.

SeeDeborah L. Jacobs, In Strongly WordedDecision, Supreme Court Finds Defense of Marriage Act Unconstitutional,Forbes, June 26, 2013.

Click here to read the full opinion of United States v. Windsor.

Click here to read the full opinion of Hollingsworth v. Perry.