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Old 06-26-2013, 10:48 AM   #65
DaveNull DaveNull is offline
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Join Date: Nov 2011
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I agree with alnorth that section four isn't necessary, but I still think it's powerful and a message to those states with marriage bans in place. Once again from the end of the opinion (emphasis mine):

Quote:
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. By seeking to displace this protection and treating those persons as living in marriages less respected than others, the federal statute is in violation of the Fifth Amendment.
Even under rational basis review, those laws defining marriage as between a man and a woman likely won't stand under this court.

Now time to dig into the dissents to see if anyone found a constitutionally proper purpose for the discrimination.
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