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Kennedy's same-sex marriage legacy following DOMA decision

Posted

June 26, 2013

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Jeffrey Toobin explains how Justice Anthony Kennedy's legacy will be the author of the nation's three biggest same-sex marriage decisions.

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Washington (CNN) -- In a dramatic slap at federal authority, a divided Supreme Court has struck down a key part of congressional law that denies to legally married same-sex couples the same benefits provided to heterosexual spouses.

The Defense of Marriage Act (or DOMA) defines marriage as only between a man and a woman.

The vote Wednesday was 5-4.

"Although Congress has great authority to design laws to fit its own conception of sound national policy, it cannot deny the liberty protected by the Due Process Clause of the Fifth Amendment," said Justice Anthony Kennedy.

DOMA has been a huge Supreme Court case this year. Find out more about DOMA at CNN.com

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Jeffrey ToobinJustice Anthony Kennedy'sWashington CNNSupreme CourtThe DefenseMarriage ActAlthough CongressDue Process Clause

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Kennedy's same-sex marriage legacy following DOMA decision · CNN · Sentinel