Defending the family

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Eugene Delgaudio: Supreme Attack On Traditional Marriage Commences

This morning the Supreme Court issued its decision in the Defense of Marriage Act case on their docket.


DOMA is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment.

DOMA singles out a class of persons deemed by a state entitled to recognition and protection to enhance their own liberty -- so the Fifth Amendment only protects classes of people protected by states. Developing and later reports forthcoming.

Relying on federalism principles.

5-4 vote
Kennedy wrote opinion
Roberts/Scalia/Thomas/Alito dissent