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SIEGEL: DOMA and Prop 8: Are the courts replacing democracy?

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Related Columns SAN DIEGO, June 26, 2013 —Two of the most controversial Supreme Court decisions were announced Tuesday morning. Both were about same-sex marriage. Both raise a valid question that transcends marriage: Should the courts be deciding these issues at all? First, in a 5-4 decision, a portion of the federal Defense of Marriage Act (DOMA) was overturned. Justice Anthony Kennedy wrote the majority opinion: “The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and injure those whom the State, by its marriage laws, sought to protect in personhood and dignity. By seeking to displace this protection and treating those persons...

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