desire to harm a politically unpopular group.” Ante, at 20. I would therefore hold that Congress did not violate Windsor’s constitutional rights by enacting §3 of the Defense of Marriage Act (DOMA), Victories in one place for some, see North Carolina Const., Amdt. Code §26.04.020 (2012)—prohibit the practice). .
Among the over 1,000 statutes and numerous federal regulations that DOMA controls are laws pertaining to Social Security, housing, taxes, criminal sanctions, copyright, and veterans’ benefits.
14, Bolling and Moreno, dealing with federal action, relied upon “the equal protection component of the Due Process Clause of the , which involved an original suit by Members of Congress challenging an assertedly unconstitutional law, would have been written quite differently; and Justice Alito’s distinguishing of that case on grounds quite irrelevant to his theory of standing would have been unnecessary. There have been plebiscites, legislation, persuasion, and loud voices—in other words, democracy. After waiting some years, in 2007 they traveled to Ontario to be married there. Prudential considerations, however, demand that there be “concrete adverseness which sharpens the presentation of issues upon which the court so largely depends for illumination of difficult constitutional questions.” Baker v. Carr, Though these discrete examples establish the constitutionality of limited federal laws that regulate the meaning of marriage in order to further federal policy, DOMA has a far greater reach; for it enacts a directive applicable to over 1,000 federal statutes and the whole realm of federal regulations. 404 (1975) The differentiation demeans the couple, whose moral and sexual choices the Constitution protects, see Lawrence, Later in its opinion, the Chadha Court remarked that the United States’ announced intention to enforce the statute also sufficed to permit judicial review, even absent congressional participation. The Constitution’s guarantee of equality “must at the very least mean that a bare con- gressional desire to harm a politically unpopular group cannot” justify disparate treatment of that group. Half a century ago, a Court similarly bent upon announcing its view regarding the constitutionality of a federal statute achieved that goal by effecting a remarkably similar but completely opposite distortion of the principles limiting our jurisdiction. And that is why, as our opinions have said, some questions of law will never be presented to this Court, because there will never be anyone with standing to bring a lawsuit.
When Spyer died in 2009, she left her entire estate to Windsor. Before this Court acted on the petition, the Court of Appeals for the Second Circuit affirmed the District Court’s judgment. This case clearly presented a concrete disagreement between opposing parties that was suitable for judicial resolution in the District Court, but the Executive’s decision not to defend §3’s constitutionality in court while continuing to deny refunds and assess deficiencies introduces a complication.
See 11 U. S. C. §§101(14A), 507(a)(1)(A), 523(a)(5), 523(a)(15). The stated rationale for this dual-track procedure (determination of unconstitutionality coupled with ongoing enforcement) was to “recogniz[e] the judiciary as the final arbiter of the constitutional claims raised.” Id., at 192. And judges are 474 (1977) As a result, the case should have been dismissed. §2–201 (Lexis 2012); An Act to Amend Title 13 of the Delaware Code Relating to Domestic Relations to Provide for Same-Gender Civil Marriage and to Convert Exist- ing Civil Unions to Civil Marriages, 79 Del. 09–13; Varnum v. Brien, 763 N. W. 2d 862 (Iowa 2009); Vt. Stat. The House Report announced its conclusion that “it is both appropriate and necessary for Congress to do what it can to defend the institution of traditional heterosexual marriage.
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