The Supreme Court ruled 5-to-4 on Wednesday that the Defense of Marriage Act is unconstituional. Roberts dissents. Scalia dissents. DOMA is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment.
From the decision: “DOMA singles out a class of persons deemed by a State entitled ot recognition and protection to enhance their own liberty.”
Update on the Prop 8 case: The court does not reach the merits of this case, instead ruling that the Petitioners (the private citizens seeking to enforce Prop 8 after the State of California refuses to appeal the District Court’s ruling to the 9th Circuit) lacked standing to bring their appeal. That means that the District Court’s ruling that Prop 8 is unconstitutional is upheld, and that means same sex marriage is now once again legal in California.