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Windsor's case was eventually heard by the Supreme Court. The court said DOMA put same-sex marriages at a disadvantage versus traditional marriages. Couples that entered a same-sex marriage, under DOMA, would encounter discrimination and become outcasts. Congress does have the right to design laws to fit its ideas of what is right for the nation, but Congress cannot deny the liberty that is given by the Fifth Amendment. When New York adopted a law to permit same-sex marriage, it sought to get rid of inequality, but DOMA writes inequality into the entire code of the United States of America.

1. Give two reasons why the Supreme Court decided DOMA was unconstitutional.



Answer :

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Final answer:

The Supreme Court found DOMA unconstitutional because it violated equal protection and interfered with state authority over marriage laws.


Explanation:

Two reasons why the Supreme Court decided DOMA was unconstitutional:

  1. Violated Equal Protection: The Court found that DOMA treated certain married couples differently, denying same-sex couples their Fifth Amendment right to equal protection under the law.
  2. Interfered with State Authority: The Court ruled that states have the historic authority to define marriage, and DOMA's federal involvement in this area was against the tradition of relying on state law to define marriage.

Learn more about Defense of Marriage Act (DOMA) here:

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