Originally posted by no1marauder
The Court expressly declined to rely on principles of federalism...
It then found that DOMA was a violation of the "liberty" protected by the 5th Amendment...
Asserting that this is simply a "States right" case is misleading at best.
No,
Windsor is a States right case. The US Supreme Court ruled that New York's decision to recognize same-sex marriage was "a proper exercise of its sovereign authority within our federal system, all in the way that the Framers of the Constitution intended." The Court used New York's same-sex marriage law to identify the liberty interest at stake. Then, the Court applied strict scrutiny to DOMA in a blended Equal Protection and Substantive Due Process analysis. Ultimately, the Court could not identify a compelling Federal interest to justify DOMA's far-reaching intrusions into same-sex relationships given protected status by certain States. Thus, the Court struck down DOMA.
Previously, the Court had expressly reserved the question of whether same-sex marriages are entitled to formal recognition in the law.
Lawrence v. Texas, 539 U.S. 558, 567 (2003). Today, the Court ruled that same-sex marriages validated by State law are at least entitled to Federal recognition. In other words,
Windsor is a States rights case. The States are free to experiment with marriage without undue interference by the Federal government.
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See also http://www.volokh.com/2013/06/26/federalism-marries-liberty-in-the-doma-decision/
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I know
Windsor didn't use the magic words: Substantive Due Process, Strict Scrutiny, Fundamental Right, Compelling Government Interest. However, it seems obvious to me that the Court did apply strict scrutiny in this case. Here is how the Court framed the issue:
"The Federal Government uses this state-defined class for the opposite purpose—to impose restrictions and dis- abilities. That result requires this Court now to address whether the resulting injury and indignity is a deprivation of an essential part of the liberty protected by the Fifth Amendment."
An "Essential Liberty" is a Fundamental Right.