DOMA Opinion Performs Constitutional Balancing Act

Law360, New York (June 26, 2013, 7:45 PM EDT) -- While Justice Anthony Kennedy eloquently espoused equal protection principles in striking down part of the controversial Defense of Marriage Act on Wednesday, the majority opinion he crafted also vehemently backs state rights, sending mixed messages about whether the high court will find state bans on gay marriage constitutional in future cases.

The Supreme Court's 5-4 decision quashed DOMA's definition of marriage as a legal union between a man and a woman for federal purposes, finding that the provision deprived same-sex couples who were legally married under...
To view the full article, register now.