The Demise of DOMA? What's New and What's Not in Juvenile and Family Law

On June 26, 2013, the United States Supreme Court struck down Section 3 of the so-called Defense of Marriage Act (DOMA), which mandated that federal law recognize only marriages between a man and a woman. The opinion, written by Justice Anthony M. Kennedy, held that the Section violated the Fifth Am...

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Bibliographic Details
Published in:Juvenile & family court journal 2014, Vol.65 (1), p.11-28
Main Author: Allen, Beth
Format: Article
Language:English
Subjects:
Amendments
Dignity
Family law
Judges
Marriage
Statutes
Online Access:Get full text
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Summary:On June 26, 2013, the United States Supreme Court struck down Section 3 of the so-called Defense of Marriage Act (DOMA), which mandated that federal law recognize only marriages between a man and a woman. The opinion, written by Justice Anthony M. Kennedy, held that the Section violated the Fifth Amendment, stating: 'The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity.' This article attempts to raise the issues that judges should prepare to adjudicate now that the ink is dry on Windsor. Adapted from the source document.
ISSN:0161-7109
1755-6988
DOI:10.1111/jfcj.12014