After reading over the 77 page decision, I’m struck with the conflict between the justices. The majority focuses on equality, federalism (states’ rights versus the federal government), and substantive due process. The majority really questions the motives of the drafters of DOMA and gives no deference to Congress. The analysis seems a little forced.

The dissenting justices questioned why the case was properly heard by the court given that the executive branch was not enforcing the law. Justice Scalia’s dissent questioned the motives of the majority and the long term impact of the decision. He took issue with the majority for suggesting evil motives for passing the statute.

In Indiana, one case is already arguing that a same sex marriage which is legal in the state where the marriage occurred allows the parties to file a divorce case where the parties are now living. Stay tuned to see how this plays out.

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