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DOMA Unconstitutional

While many of you may have been caught up in the joyous revelations that the Ducks will not be banned from the bowls this year, the court handed down a major decisions regarding gay marriage today.

The Defense Of Marriage Act (DOMA) was ruled unconstitutional in a 5-4 opinion.  The Supreme Court ruled that if you live in a state that recognizes gay marriage the federal government cannot deny federal benefits.  It does not rule whether or not gay marriage itself is legal, just that the federal government cannot discriminate against gay couples in those states that do recognize gay marriage.

Although this is a victory for same-sex couples, it is also a victory for states’ rights.  The state’s law held supremacy over the federal law in this case.  If the state recognizes same-sex marriage then the federal government cannot deny those couples benefits.  This may pave the way for other states’ rights issues in the future.

Neil Killion