Future Kennedy: 'States Must Recognize Same-Sex Marriage'

Daniel Smyth
We've all heard that, in the United States v. Windsor, the Supreme Court just declared Section 3 of the Defense of Marriage Act (DOMA) unconstitutional.  In part, Section 3 stated that any mention of "marriage" in federal laws, rules, and regulations referred only to a union between one man and one woman.  Thus, Section 3 prevented homosexual couples from enjoying many federal perks, such as tax credits for having children. Writing for the majority, Justice Anthony Kennedy said, "DOMA is unconstitutional as a deprivation of the liberty of the person [to enjoy federal perks] protected by the Fifth Amendment of the Constitution."  The Fifth Amendment reads in part as follows: "No person shall be ... deprived of ... liberty ... without due process of law." Kennedy's decision partially relieved Jennifer Marshall of the Heritage Foundation, who noted the following: The important news you may not be hearing [about Windsor] is that the U.S. Supreme Court did not...(Read Full Post)

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