DOMA’s exclusion of same-sex marriages violated equal protection, the Court ruled, because the exclusion was based on a demeaning view of same-sex marriages—a view of such marriages as, in the words of the Court, “second-class”: morally inferior to opposite-sex marriages.The Supreme Court reached the correct decision in United States v. Windsor, in my judgment, but Justice Kennedy’s opinion for the Court was much less clear than it should have been about why DOMA’s exclusion of same-sex marriages was unconstitutional.
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