“Petitioners did not have standing to appeal the District
Court’s order. Pp. 5–17.
(a) Article III of the Constitution confines the judicial
power of federal courts to deciding actual “Cases” or “Controversies.” §2. One
essential aspect of this requirement is that any person invoking the power of a
federal court must demonstrate standing to do so.”
“DOMA is unconstitutional as a deprivation of the equal
liberty of persons that is protected by the Fifth Amendment. Pp. 13–26.
(a)
By history and tradition the definition and
regulation of marriage has been treated as being within the authority and realm
of the separate States. Congress has enacted discrete statutes to regulate the
meaning of marriage in order to further federal policy, but DOMA, with a
directive applicable to over 1,000 federal statues and the whole realm of
federal regulations, has a far greater reach. Its operation is also directed to
a class of persons that the laws of New York, and of 11 other States, have
sought to protect. Assessing the validity of that intervention requires
discussing the historical and traditional extent of state power and authority
over marriage”
Missoulian: What's in Obama's plan to combat global warming
Missoulian: US growth downgrade ignored as stocks marchagain
No comments:
Post a Comment