United States v. Windsor
Linked with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-307 | 2d Cir. | Mar 27, 2013 | Jun 26, 2013 | 5-4 | Kennedy | OT 2012 |
Holding: Section 3 of the Defense of Marriage Act is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment.
Judgment: Affirmed, 5-4, in an opinion by Justice Kennedy on June 26, 2013. Chief Justice Roberts filed a dissenting opinion. Justice Scalia filed a dissenting opinion in which Justice Thomas joined and in which Chief Justice Roberts joined as to Part I. Justice Alito filed a dissenting opinion in which Justice Thomas joined as to parts II and III.
SCOTUSblog Coverage
- The untold risks of the Supreme Courts same-sex marriage decisions (Tom Goldstein, September 19, 2013)
- House GOP ends federal marriage defense (Lyle Denniston, July 19, 2013)
- Preview: Adam Liptak (& others) on the same-sex marriage cases (Ronald Collins, July 8, 2013)
- SCOTUS for law students (sponsored by Bloomberg Law): Dissenting from the bench (Stephen Wermiel, July 2, 2013)
- After Windsor: Michigan same-sex partners benefits suit advances [Updated: 7:49 p.m. & 8:49 p.m.] (Marty Lederman, July 1, 2013)
- Federalism and the authority of the states to define marriage (Eric Restuccia and Aaron Lindstrom, June 27, 2013)
- DOMA, Prop 8, and Justice Scalias intemperate dissent (Larry Tribe, June 26, 2013)
- Details on United States v. Windsor: In Plain English (Amy Howe, June 26, 2013)
- Opinions recap: Giant step for gay marriage (Lyle Denniston, June 26, 2013)
- A "view" from the Court: June 26, 2013 (Mark Walsh, June 26, 2013)
- A one-two punch to the nations most prominent antigay laws (Suzanne Goldberg, June 26, 2013)
- Federalism marries liberty in the DOMA decision (Randy Barnett, June 26, 2013)
- A home run but not a grand slam for gay-marriage advocates: In Plain English (Amy Howe, June 26, 2013)
- Bad news for marriage, good news for government power (William Duncan, June 26, 2013)
- The Court opts for an incremental approach but a major victory nonetheless (Paul Smith, June 26, 2013)
- Taking sides on the meaning of marriage (Helen Alvaré, June 26, 2013)
- Next on the agenda for marriage equality litigators (Steve Sanders, June 26, 2013)
- Great expectations (Gerard Bradley, June 26, 2013)
- More tea leaves: Why DOMAs demise will support Prop 8 surprise (John Bursch, March 29, 2013)
- Revisiting the Court's several options in the California marriage case (Marty Lederman, March 29, 2013)
- Commentary: What might happen? (Erwin Chemerinsky, March 28, 2013)
- Commentary: Over the cliff? (Gerard Bradley, March 28, 2013)
- Audio highlights from DOMA oral argument (Kevin Amer, March 28, 2013)
- DOMA as a states' rights problem? Today's oral argument in Plain English (Amy Howe, March 27, 2013)
- The relationship between DOMA and Proposition 8 (Tom Goldstein, March 27, 2013)
- Argument recap: DOMA is in trouble (FINAL UPDATE) (Lyle Denniston, March 27, 2013)
- Will the Court defend DOMA?: In Plain English (Amy Howe, March 26, 2013)
- Argument preview: Marriage and the Court's "friends" -- Part II (Lyle Denniston, March 25, 2013)
- Line-up of lawyers for marriage cases (Lyle Denniston, March 15, 2013)
- Separate DOMA arguments urged (Lyle Denniston, February 28, 2013)
- DOMA: Describing a life in the shadows (Lyle Denniston, February 26, 2013)
- DOMA: U.S. takes tough line on marriage denial (Lyle Denniston, February 23, 2013)
- Same-sex marriage: DOMA briefs (FINAL UPDATE) (Lyle Denniston, February 23, 2013)
- DOMA: House GOP seeks lead role (Lyle Denniston, February 22, 2013)
- DOMA: Windsor supports review (Lyle Denniston, February 22, 2013)
- The single most significant thing about the topside briefs in the same-sex marriage cases [UPDATED] (Marty Lederman, February 13, 2013)
- Proposition 8: Will Verrilli follow Dellinger's lead? (UPDATED) (Lyle Denniston, February 6, 2013)
- Amicus plea: Don't rule on DOMA now (Lyle Denniston, January 25, 2013)
- DOMA: Amicus Art. III brief filed (Lyle Denniston, January 25, 2013)
- Understanding standing: The Courts Article III questions in the same-sex marriage cases (VII) (Marty Lederman, January 22, 2013)
- Briefing schedule for same-sex marriage cases (Amy Howe, January 22, 2013)
- House GOP leaders defend DOMA (UPDATED) (Lyle Denniston, January 22, 2013)
- BLAG marriage brief on merits filed (Lyle Denniston, January 22, 2013)
- Understanding standing: The Courts Article III questions in the same-sex marriage cases (VI) (Marty Lederman, January 21, 2013)
- Understanding standing: The Courts Article III questions in the same-sex marriage cases (V) (Marty Lederman, January 20, 2013)
- Understanding standing: The Courts Article III questions in the same-sex marriage cases (IV) (Marty Lederman, January 19, 2013)
- Understanding standing: The Courts Article III questions in the same-sex marriage cases (III) (Marty Lederman, January 19, 2013)
- Understanding standing: The Courts Article III questions in the same-sex marriage cases (II) (Marty Lederman, January 18, 2013)
- Understanding standing: The Courts Article III questions in the same-sex marriage cases (I) (Marty Lederman, January 17, 2013)
- Same-sex marriage briefing set (UPDATED) (Lyle Denniston, December 14, 2012)
- Extra lawyer named on gay marriage (Lyle Denniston, December 11, 2012)
- Commentary on marriage grants: Marriage equalitys Cinderella moment (William Eskridge and Hans Johnson, December 9, 2012)
- Commentary on marriage grants: Different ways of splitting the difference the menu of options in Hollingsworth v. Perry (Kenji Yoshino, December 8, 2012)
- Commentary on marriage grants: Article III & same-sex marriage (Neal Devins and Tara Grove, December 8, 2012)
- Commentary on marriage grants: Opportunity for the Court to right some wrongs (William Duncan, December 7, 2012)
- On same-sex marriage, options open (Lyle Denniston, December 7, 2012)
- Kagan, DOMA, and recusal (Lyle Denniston, November 2, 2012)
- U.S. picks a DOMA case (Lyle Denniston, October 26, 2012)
| Date | Proceedings and Orders |
|---|---|
| 09/11/2012 | Petition for a writ of certiorari before judgment filed. (Response due October 11, 2012) |
| 09/18/2012 | Order extending time to file response to petition to and including October 19, 2012, for all respondents. |
| 10/10/2012 | Brief of respondent Edith Schlain Windsor, in Her Capacity as Executor of the Estate of Thea Clara Spyer in opposition filed. |
| 10/18/2012 | Judgment entered by the United States Court of Appeals for the Second Circuit. |
| 10/19/2012 | Brief of respondent Bipartisan Legal Advisory Group of the United States House of Representatives in opposition filed. |
| 10/26/2012 | Supplemental brief of petitioner United States filed. |
| 10/29/2012 | DISTRIBUTED for Conference of November 20, 2012. |
| 10/29/2012 | Supplemental brief of respondent Edith Schlain Windsor, in Her Capacity as Executor of the Estate of Thea Clara Spyer filed. (Distributed) |
| 11/01/2012 | Supplemental brief of respondent Bipartisan Legal Advisory Group of the United States House of Representatives filed. VIDED. (Distributed) |
| 11/08/2012 | Reply of petitioner United States filed. (Distributed) |
| 11/13/2012 | DISTRIBUTED for Conference of November 30, 2012. |
| 12/03/2012 | DISTRIBUTED for Conference of December 7, 2012. |
| 12/07/2012 | Petition for a writ of certiorari GRANTED. In addition to the question presented by the petition, the parties are directed to brief and argue the following questions: Whether the Executive Branch |
| 12/11/2012 | Vicki C. Jackson, Esq., of Cambridge, Massachusetts, is invited to brief and argue this case, as amicus curiae, in support of the positions that the Executive Branch's agreement with the court below that DOMA is unconstitutional deprives this Court of jurisdiction to decide this case, and that the Bipartisan Legal Advisory Group of the United States House of Representatives lacks Article III standing in this case. |
| 12/13/2012 | Briefing proposal of the parties and Court-appointed amicus curiae filed. |
| 12/14/2012 | Upon consideration of the letter of December 13, 2012, from the Solicitor General on behalf of the litigants and the amicus curiae invited to brief and argue this case, the following briefing schedule is adopted. On the merits, the brief of the Bipartisan Legal Advisory Group of the United States House of Representatives, not to exceed 15,000 words, is to be filed on or before Tuesday, January 22, 2013. The brief of the Solicitor General, not to exceed 15,000 words, is to be filed on or before Friday, February 22, 2013. The brief of Edith Windsor, not to exceed 15,000 words, is to be filed on or before Tuesday, February 26, 2013. The reply brief of the Bipartisan Legal Advisory Group of the United States House of Representatives, not to exceed 6,000 words, is to be filed in accordance with Rule 25.3 of the Rules of this Court. On the jurisdictional questions, the brief of the Court-appointed amicus curiae, not to exceed 10,000 words, is to be filed on or before January 22, 2013. The briefs of the Solicitor General, the Bipartisan Legal Advisory Group of the United States House of Representatives, and Edith Windsor, not to exceed 10,000 words each, are to be filed on or before Wednesday, February 20, 2013. Reply briefs of the litigants and the Court-appointed amicus curiae, not to exceed 4,000 words, are to be filed in accordance with Rule 25.3 of the Rules of this Court. |
| 12/14/2012 | Other amici curiae briefs shall be filed within the time allowed under Rule 37.3(a) of the Rules of this Court, except that amici curiae briefs on the merits in support of the positions of the Solicitor General and/or Edith Windsor shall be filed within 7 days after the brief of the Solicitor General on the merits is filed. The litigants, Court-appointed amicus curiae, and other amici curiae shall indicate on the cover of each brief filed which issue or issues are addressed in that particular brief in addition to the information required by Rule 37.3 of the Rules of this Court. |
| 01/02/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent Bipartisan Legal Advisory Group of the U.S. House of Representatives. |
| 01/07/2013 | SET FOR ARGUMENT ON Wednesday, March 27, 2013 |
| 01/08/2013 | The time to file the brief, on the jurisdictional questions, of the Court-appointed amicus curiae is extended to and including January 24, 2013. |
| 01/08/2013 | The time to file the briefs, on the jurisdictional questions, of the Solicitor General, the Bipartisan Legal Advisory Group of the United States House of Representatives, and Edith Windsor, is extended to and including February 22, 2013. |
| 01/10/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| 01/22/2013 | Joint appendix filed. (Distributed) (Statement of costs received.) |
| 01/22/2013 | Brief of respondent Bipartisan Legal Advisory Group of the United States House of Representatives (Merits) filed. (Distributed) |
| 01/23/2013 | CIRCULATED. |
| 01/24/2013 | Brief amicus curiae of Court-appointed amicus curiae (Jurisdiction) filed. (Distributed) |
| 01/24/2013 | Brief amicus curiae of Family Research Council (Merits) filed. (Distributed) |
| 01/24/2013 | Brief amicus curiae of Dr. Paul McHugh (Merits) filed. VIDED. (Distributed) |
| 01/24/2013 | Brief amici curiae of Law Professors (Merits) filed. (Distributed) |
| 01/24/2013 | Brief amicus curiae of National Organization for Marriage (Merits) filed. (Distributed) |
| 01/25/2013 | Brief amicus curiae of Westboro Baptist Church in support of neither party (Merits) filed. (Distributed) |
| 01/25/2013 | Brief amici curiae of Liberty, Life and Law Foundation, et al. (Merits) filed. VIDED. (Distributed) |
| 01/28/2013 | Brief amicus curiae of International jurists and academics (Merits) filed. VIDED. (Distributed) |
| 01/28/2013 | Brief amicus curiae of Manhattan Declaration (Merits) filed. (Distributed) |
| 01/28/2013 | Brief amicus curiae of The Becket Fund for Religious Liberty (Merits) filed. VIDED. (Distributed) |
| 01/29/2013 | Brief amicus curiae of Coalition for the Protection of Marriage (Merits) filed. VIDED. (Distributed) |
| 01/29/2013 | Brief amicus curiae of Eagle Forum Education & Legal Defense Fund, Inc. (Merits) filed. (Distributed) |
| 01/29/2013 | Brief amici curiae of Citizens United's National Committee for Family, Faith and Prayer, et al. (Merits) filed. (Distributed) |
| 01/29/2013 | Brief amicus curiae of United States Conference of Catholic Bishops (Merits) filed. (Distributed) |
| 01/29/2013 | Brief amici curiae of Chaplain Alliance for Religious Liberty, et al. (Merits) filed. (Distributed) |
| 01/29/2013 | Brief amici curiae of Robert P. George, et al. (Merits) filed. VIDED. (Distributed) |
| 01/29/2013 | Brief amicus curiae of Parents and Friends of Ex-Gays & Gays (Merits) filed. VIDED. (Distributed) |
| 01/29/2013 | Brief amici curiae of Indiana and 16 other states (Merits) filed. (Distributed) |
| 01/29/2013 | Brief amicus curiae of Liberty Counsel (Merits) filed. (Distributed) |
| 01/29/2013 | Brief amici curiae of Catholic Answers, et al. (Merits) filed. VIDED. (Distributed) |
| 01/29/2013 | Brief amicus curiae of Matthew B. O'Brien (Merits) filed. VIDED. (Distributed) |
| 01/29/2013 | Brief amicus curiae of Dovid Z. Schwartz (Merits) filed. (Distributed) |
| 01/29/2013 | Brief amici curiae of United States Senators Orrin G. Hatch, et al. (Merits) filed. (Distributed) |
| 01/29/2013 | Brief amicus curiae of Concerned Women for America (Merits) filed. (Distributed) |
| 01/29/2013 | Brief amicus curiae of Helen M. Alvare filed. (Merits) VIDED. (Distributed) |
| 01/29/2013 | Brief amicus curiae of Foundation for Moral Law filed. (Distributed) |
| 01/29/2013 | Brief amici curiae of Social Science Professors (Merits) filed. VIDED. (Distributed) |
| 01/29/2013 | Brief amicus curiae of David Boyle filed. ( Merits) (Distributed) |
| 01/29/2013 | Brief amici curiae of National Association of Evangelicals (Merits) filed. (Distributed) |
| 01/29/2013 | Brief amici curiae of The Beverly LaHaye Institute, et al. (Merits) filed. (Distributed) |
| 01/29/2013 | Brief amicus curiae of American Civil Rights Union (Merits) filed. VIDED. (Distributed) |
| 02/06/2013 | Record from U.S.C.A. for 2nd Circuit is electronic. |
| 02/13/2013 | Record from U.S.D.C. for Southern District of New York is electronic. |
| 02/13/2013 | Brief amicus curiae of Citizens for Responsibility and Ethics in Washington (Merits) filed. (Distributed) |
| 02/22/2013 | Brief of respondent Edith Schlain Windsor (Jurisdiction) filed. (Distributed) |
| 02/22/2013 | Brief of petitioner United States (Jurisdiction) filed. (Distributed) |
| 02/22/2013 | Brief of petitioner United States (Merits) filed. (Distributed) |
| 02/22/2013 | Brief of respondent Bipartisan Legal Advisory Group of the United States House of Representatives (Jurisdiction) filed. (Distributed) |
| 02/26/2013 | Brief of respondent Edith Schlain Windsor, in Her Capacity as Executor of the Estate of Thea Clara Spyer (Merits) filed. (Distributed) |
| 02/26/2013 | Motion for enlargement of time and divided argument filed by the parties and Court-appointed amici curiae. |
| 02/26/2013 | Brief amicus curiae of GLMA: Health Professionals Advancing LBGT Equality (Gay and Lesbian Medical Association) concerning the immutability of sexual orientation (Merits) filed. (Distributed) |
| 02/27/2013 | Brief amici curiae of 278 Employers and Organizations Representing Employers (Merits) filed. (Distributed) |
| 02/27/2013 | Brief amici curiae of Utah Pride Center, et al. (Merits) filed. VIDED. (Distributed) |
| 02/27/2013 | Brief amici curiae of American Humanist Association and American Atheists, Inc., et al. filed. (Distributed) |
| 02/27/2013 | Brief amici curiae of Professors Nan D. Hunter, et al. filed. (Distributed) |
| 02/27/2013 | Motion for leave to file amici brief filed by former Attorneys General Edwin Meese III and John Ashcroft in support of neither party (Jurisdiction) out of time. |
| 02/28/2013 | Brief amici curiae of Leadership Conference on Civil and Human Rights, et al. (Merits) filed. (Distributed) |
| 02/28/2013 | Brief amici curiae of Political Science Professors filed. (Distributed). |
| 02/28/2013 | Brief amici curiae of Constitutional Law Scholars Bruce Ackerman, et al. (Merits) filed. VIDED. (Distributed) |
| 02/28/2013 | Brief amicus curiae of American Sociological Association (Merits) filed. VIDED. (Distributed) |
| 02/28/2013 | Brief amici curiae of Bishops of the Episcopal Church in the States of California, et al. filed. (Distributed) |
| 02/28/2013 | Brief amici curiae of Family Equality Council, et al. (Merits) filed. VIDED. (Distributed) |
| 02/28/2013 | Brief amici curiae of Organization of American Historians, et al. filed. (Distributed) |
| 02/28/2013 | Brief amici curiae of Empire State Pride Agenda, et al. filed. (Distributed) |
| 02/28/2013 | Brief amicus curiae of American Jewish Committee (Merits) filed. VIDED. (Distributed) |
| 03/01/2013 | Brief amicus curiae of Former Federal Intelligence Officer (Merits) filed. (Distributed) |
| 03/01/2013 | Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. (Merits) filed. (Distributed) |
| 03/01/2013 | Brief amicus curiae of OutServe-SLDN Inc. filed. (Distributed) |
| 03/01/2013 | Brief amicus curiae of Center for Constitutional Jurisprudence (Jurisdiction) filed. (Distributed) |
| 03/01/2013 | Brief amici curiae of Cato Institute and Constitutional Accountability Center (Merits) filed. (Distributed) |
| 03/01/2013 | Brief amici curiae of National Women's Law Center, et al. (Merits) filed. (Distributed) |
| 03/01/2013 | Brief amici curiae of Family and Child Welfare Law Professors (Merits) filed. (Distributed) |
| 03/01/2013 | Brief amici curiae of Anti-Defamation League, et al. (Merits) filed. (Distributed) |
| 03/01/2013 | Brief amici curiae of Family Law Professors, et al. (Merits) filed. (Distributed) |
| 03/01/2013 | Brief amici curiae of Gay & Lesbian Advocates & Defenders, et al. (Merits) filed. (Distributed) |
| 03/01/2013 | Brief amicus curiae of Gary J. Gates (Merits) filed. (Distributed) |
| 03/01/2013 | Brief amici curiae of Dr. Donna E. Shalala, et al. (Merits) filed. (Distributed) |
| 03/01/2013 | Brief amici curiae of Former Senior Justice Department Officials, et al. (Jurisdiction) filed. (Distributed) |
| 03/01/2013 | Brief amici curiae of Former Senators Bill Bradley, et al. filed. (Distributed) |
| 03/01/2013 | Brief amicus curiae of Partnership for New York City (Merits) filed. (Distributed) |
| 03/01/2013 | Brief amici curiae of Citizens United's National Committee for Family, Faith and Prayer, et al. (Jurisdiction) filed. (Distributed) |
| 03/01/2013 | Brief amicus curiae of Survivors of Sexual Orientation Change Therapies filed. (Distributed) |
| 03/01/2013 | Brief amici curiae of 172 Members of the U.S. House of Representatives and 40 U.S. Senators filed. (Distributed) |
| 03/01/2013 | Brief amici curiae of Los Angeles County Bar Association, et al. filed. (Distributed) |
| 03/01/2013 | Brief amicus curiae of Honorable John K. Olson (Merits) filed. (Distributed) |
| 03/01/2013 | Brief amici curiae of New York, et al. (Merits) filed. (Distributed) |
| 03/01/2013 | Brief amici curiae of Services and Advocacy for Gay, Lesbian, Bisexual and Transgender Elders, et al. (Merits) filed. (Distributed) |
| 03/01/2013 | Brief amici curiae of Scholars of the Constitutional Rights of Children (Merits) filed. (Distributed) |
| 03/01/2013 | Brief amici curiae of Historians, American Historical Association, et al. filed. (Distributed) |
| 03/01/2013 | Brief amicus curiae of Institute for Justice (Merits) filed. (Distributed) |
| 03/01/2013 | Brief amicus curiae of Honorable John K. Olson (Jurisdiction) filed. (Distributed) |
| 03/01/2013 | Brief amici curiae of American Federation of Labor and Congress of Industrial Organizations, et al. (Merits) filed. (Distributed) |
| 03/01/2013 | Brief amici curiae of Constitutional Law Scholars (Jurisdiction) filed. (Distributed) |
| 03/01/2013 | Brief amici curiae of Federalism Scholars (Merits) filed. (Distributed) |
| 03/01/2013 | Brief amici curiae of Hon. Lawrence J. Korb, et al. (Merits) filed. (Distributed) |
| 03/01/2013 | Brief amicus curiae of American Bar Association (Merits) filed. (Distributed) |
| 03/01/2013 | Brief amicus curiae of Center for Fair Administration of Taxes (Merits) filed. (Distributed) |
| 03/01/2013 | Brief amici curiae of American Psychological Association, et al. (Merits) filed. (Distributed) |
| 03/01/2013 | Brief of Former Federal Election Commission Officials (Merits) filed. (Distributed) |
| 03/04/2013 | Motion for enlargement of time and divided argument GRANTED and the time is to be divided as follows: on the jurisdiction issues, the Court-appointed amicus curiae is allotted 20 minutes, the Solicitor General is allotted 15 minutes, and respondent Bipartisan Legal Advisory Group of the U.S. House of Representatives is allotted 15 minutes. On the merits, respondent Bipartisan Legal Advisory Group of the U.S. House of Representatives is allotted 30 minutes, the Solicitor General is allotted 15 minutes, and respondent Windsor is allotted 15 minutes. |
| 03/15/2013 | Motion for leave to file amici brief out of time filed by former Attorneys General Edwin Meese III and John Ashcroft GRANTED. |
| 03/19/2013 | Reply of respondent Bipartisan Legal Advisory Group of the United States House of Representatives (Jurisdiction) filed. (Distributed) |
| 03/19/2013 | Reply of respondent Bipartisan Legal Advisory Group of the United States House of Representatives (Merits) filed. (Distributed) |
| 03/20/2013 | Reply of Court-appointed amicus curiae (Jurisdiction) filed. (Distributed) |
| 03/20/2013 | Reply of respondent Edith Schlain Windsor, in Her Capacity as Executor of the Estate of Thea Clara Spyer (Jurisdiction) filed. (Distributed) |
| 03/20/2013 | Reply of petitioner United States (Jurisdiction) filed. (Distributed) |
| 03/27/2013 | Argued. (Juridsiction) - For Court-appointed amicus curiae: Vicki C. Jackson, Cambridge, Mass. For petitioner in support of affirmance: Sri Srinivaasan, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent Bipartisan Legal Advisory Group of the United States House of Representataives: Paul D. Clement, Washington, D. C. (Merits) - For respondent Bipartisan Legal Advisory Group of the United States House of Representatives: Paul D. Clement, Washington, D. C. For petitioner in support of affirmance: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. For respondent Windsor: Roberta A. Kaplan, New York, N. Y. |
| 06/26/2013 | Adjudged to be AFFIRMED. Kennedy, J., delivered the opinion of the Court, in which Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Roberts, C. J., filed a dissenting opinion. Scalia, J., filed a dissenting opinion, in which Thomas, J., joined, and in which Roberts, C. J., joined as to Part I. Alito, J. filed a dissenting opinion, in which Thomas, J., joined as to Parts II and III. |
| 07/29/2013 | JUDGMENT ISSUED. |
Disclosure: Kevin Russell of the law firm Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, was among the counsel on an”amicus“brief filed by former senators in support of Edith Windsor in this case.
Holding: Section 3 of the Defense of Marriage Act is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment.
Judgment:”Affirmed, 5-4, in an opinion by Justice Kennedy on June 26, 2013. Chief Justice Roberts filed a dissenting opinion. Justice Scalia filed a dissenting opinion in which Justice Thomas joined and in which Chief Justice Roberts joined as to Part I. Justice Alito filed a dissenting opinion in which Justice Thomas joined as to parts II and III.