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3 Cards in this Set
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Windsor - Issue and Holding
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Issue: Whether DOMA definition of marriage as being between a man and a woman is constitutional Holding: DOMA’s definition of marriage was unconstitutional as deprivation of liberty of the person protected.
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Windsor reasoning
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Animus argument (follows the line of Romer/Lawrence) Best reading of Windsor is the anti-animus principle- lots of weight given to Romer, because of lack of neat fit between the purpose and breadth of coverage and impact of provision, therefore it must likely be animus. What convinces Kennedy that it was passed because prejudice against gays? Morality: According to Lawrence- Morality alone is not sufficient to justify, morality alone is another way of saying prejudice Breadth: Romer--this law is very broad Impact: specially on kids Statements of legislature History: commitment to heterosexual marriage Federalism the act in purpose subdivides marriage
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Windsor- summary
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Ruling did not recognized a constitutional right for same sex couples to marry. Instead, the SC ruled that if states decide to give same sex marriage licenses, the federal government cannot recognize heterosexual marriages but refuse to recognize same sex unions.
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