DOMA Struck Down  Today, the Supreme Court struck down DOMA- the
federal gay marriage case. As expected, the decision was written
5-4 with Kennedy joining the liberal wing. Scalia led a
blistering dissent and read a lengthy statement from the bench.
Although not unusual, it illustrates the strong feelings
evident. Roberts noted that the DOMA/Windsor case does not have
the elements to decide whether states can maintain the
traditional definition of marriage, the most important crux of
the entire debate. Although there is no sweeping language from
Kennedy granting broad homosexual rights, he did say that
special consideration must be afforded the legitimacy of laws
that seek to “disparage” a class of persons. Using this
criteria, DOMA could not survive scrutiny. Alito questioned
whether there was even standing by BLAG to pursue this case
before the Supreme Court and Scalia chided the Court for failing
to establish a standard of review for gay marriage laws in
particular and homosexual rights in general. By “cre