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Equal Protection Same-Sex Marriage Discrimination

The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the... more +
The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the laws." Essentially, the Equal Protection Clause provides that the government must treat an individual the same way that it treats other individuals in the same circumstances. The 14th Amendment Equal Protection Clause applies only to state governments, but the requirements of the clause apply to the federal government through the Due Process Clause of the 5th Amendment. less -

Legal Alert: Supreme Court Strikes Portion Of DOMA

by FordHarrison on

On June 26, 2013, the United States Supreme Court issued a pair of opinions favorable to the gay rights movement, ruling that married same-sex couples are entitled to federal benefits and, by declining to decide a case from...more

Employment Law Blog: What does the DOMA ruling mean for employers?

by Davis Brown Law Firm on

Today the United States Supreme Court ruled, in United States v. Windsor, that the federal Defense of Marriage Act (DOMA) that prohibited the federal government from recognizing same-sex couples who are legally married in...more

In Windsor, Supreme Court Finds Federal Defense of Marriage Act Unconstitutional

by Holland & Knight LLP on

By a 5-4 vote, the Supreme Court ruled yesterday that Section 3 of the federal Defense of Marriage Act (DOMA) is unconstitutional insofar as it purports to limit the terms "marriage" and "spouse" to opposite-gender couples...more

Supreme Court Dismisses California's Proposition 8 Same-Sex Marriage Case

by Holland & Knight LLP on

Sidestepping a highly divisive issue, the U.S. Supreme Court ruled yesterday that it lacked authority to decide on the merits whether an initiative passed by California voters limiting marriage to opposite gender couples...more

The Supreme Court Strikes Down DOMA—Benefit Plan Sponsors Have Much to Consider

by Epstein Becker & Green on

Yesterday, in its decision in United States v. Windsor, No. 12-307 (U.S. June 26, 2013), the Supreme Court of the United States ruled that the Defense of Marriage Act ("DOMA") is unconstitutional. DOMA provided that, for...more

Defense of Marriage Act: What the U.S. Supreme Court’s Windsor Decision May Mean for Employer-Sponsored Benefit Plans

Now that the U.S. Supreme Court has ruled in U.S. v. Windsor that the federal Defense of Marriage Act (“DOMA”) is an unconstitutional “deprivation of the equal liberty of persons that is protected by the Fifth Amendment of...more

DOMA goes down - Copyright goes up - U.S. v. Windsor, Supreme Court, No. 12-307, decided June 26, 2013

The Supreme Court today handed down a far reaching decision throwing out an attempt by Congress to deny the benefits conferred by federal law on same sex couples legally married under state law holding that the Defense of...more

Supreme Court Rules DOMA Is Out, Same-Sex Marriages Are Legal

by Fisher Phillips on

As the 2012 term of the U. S. Supreme Court comes to a close, the Justices left the most politically and emotionally charged decisions for last. On June 26, 2013, the Court handed down its decision striking down the federal...more

U.S. Supreme Court Rules Federal Law Defining “Marriage” Is Unconstitutional

This morning, the Supreme Court of the United States issued its highly anticipated decision in United States v. Windsor, ruling that the Defense of Marriage Act (DOMA) is unconstitutional on equal protection grounds. With...more

U.S. Supreme Court Decision Paves Way for Same-Sex Spousal Immigration

by Ronald Shapiro on

The so-called “Defense of Marriage Act,” or DOMA, was passed in 1996 by Congress and signed into law by President Bill Clinton, but as of today, the U.S. Supreme Court has ruled that Section Three of DOMA is unconstitutional....more

DOMA Held Unconstitutional

The Defense of Marriage Act, which defines “marriage” and “spouse” as excluding same-sex partners, was struck down by the U.S. Supreme Court today in a 5-4 decision on equal protection grounds....more

COPY of SCOTUS Prop 8 Ruling - Proponents Did Not Have Standing to Appeal District Court Decision that Prop 8 is Unconsitutional

by JD Supra Perspectives on

SCOTUS holds that Article III’s requirement that a party invoking the jurisdiction of a federal court seek relief for a personal, particularized injury serves vital interests going to the role of the Judiciary in the federal...more

Copy of SCOTUS Same-Sex Marriage Ruling: DOMA Unconstitutional - Violates Equal Protection & Due Process

by JD Supra Perspectives on

Supreme Court ruling that DOMA is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment. pp. 13–26. ...more

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