Supreme Court DOMA Case: Justices Question Whether They Can Even Decide Dispute
WASHINGTON — A majority of Supreme Court justices on Wednesday morning appeared skeptical of the constitutionality of the Defense of Marriage Act (DOMA), which defines marriage for federal purposes as between a man and a woman. Whether the justices believe they have the power to make any decision in this case, however, remained murky.
It was the second day in a row that the high court heard arguments dealing with same-sex marriage. At issue Wednesday in United States v. Windsor was whether it was constitutional for the U.S. government to refuse to recognize same-sex marriages that had been recognized by the states.
Justice Anthony Kennedy, who said Tuesday that the children of same-sex couples “want their parents to have full recognition and legal status,” seemed troubled by the fact that DOMA refuses to recognize even those same-sex unions that are already recognized by states.