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jberryhill

(62,444 posts)
7. It all depends on framing
Wed Jun 26, 2013, 11:09 AM
Jun 2013

The court didn't "give marriage rights to gays". The DOMA ruling says that if a state considers people to be married, then the federal government cannot determine that some class of lawful state marriages do not count for federal purposes:

"The class to which DOMA directs its restrictions and restraints are those persons who are joined in same-sex marriages made lawful by the State.

...

By seeking to displace this protection and treating those persons as living in marriages less respected than others,the federal statute is in violation of the Fifth Amendment. This opinion and its holding are confined to those lawful marriages."

One could just as easily say, in relation to the two rulings, that the Court decided not to interfere in how a state conducts its elections or its marriages. From that perspective, the two decisions are consistent.
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