Supreme Court strikes down Defense of Marriage Act

The Supreme Court voted 5-4 to strike down the federal Defense of Marriage Act (DOMA), ruling that the law barring the federal government from recognizing gay marriage in states where it is legal is unconstitutional.

Justice Anthony Kennedy joined the Court’s liberal wing to rule that the law violated the constitutional principle of equal protection, surprising some observers who expected the Court to rule on federalism grounds.

The ruling means that DOMA has been held to be discriminatory against gay couples who live in states where gay marriage is legal, requiring the federal government to recognize their unions, allowing them to qualify for federal benefits and other legal privileges. Not recognizing those unions, the Court said, denied gay couples the equal protection of federal law.