Supreme Court DOMA Ruling: Read Full Decision Here [DOC] | HEAVY
[page 17 of the Opinion]
The recognition of civil marriages is central to state domestic relations law applicable to its residents and citizens....
...[page 18]...
The significance of state responsibilities for the definition and regulation of marriage dates to the Nation’s beginning; for “when the Constitution was adopted the common understanding was that the domestic relations of husband and wife and parent and child were matters reserved to the States.” Ohio ex rel. Popovici v. Agler, 280U. S. 379, 383–384 (1930). Marriage laws vary in some respects from State to State. For example, the required minimum age is 16 in Vermont, but only 13 in New Hampshire. Compare Vt. Stat. Ann., Tit. 18, §5142 (2012),with N. H. Rev. Stat. Ann. §457:4 (West Supp. 2012). Likewise the permissible degree of consanguinity can vary (most States permit first cousins to marry, but a handful— such as Iowa and Washington, see Iowa Code §595.19(2009); Wash. Rev. Code §26.04.020 (2012)—prohibit the practice)....
[page 19]
...it is unnecessary to decide whether this federal intrusion on state power is a violation of the Constitution because it disrupts the federal balance.
The StateÂ’s power in defining the marital relation is of central relevance in this case quite apart from principles of federalism...
...In acting first to recognize and then to allow same-sex marriages, New York was responding “to the initiative of those who [sought] a voice in shaping the destiny of theirown times.” Bond v. United States, 564 U. S. ___, ___ (2011) (slip op., at 9).
These actions were without doubt a proper exercise of its sovereign authority within our federal system, all in the way that the Framers of the Constitution intended. The dynamics of state government in the federal system are to allow the formation of consensus...
...North Carolina, 317 U. S. 287,298 (1942) (“
Each state as a sovereign has a rightful and legitimate concern in the marital status of persons domiciled within its borders”). The definition of marriage is the foundation of the State’s broader authority to regulate the subject of domestic relations with respect to the“[p]rotection of offspring, property interests, and the enforcement of marital responsibilities.” Ibid
. “[T]he
states, at the time of the adoption of the Constitution, possessed full power over the subject of marriage and divorce. . . [and] the Constitution delegated no authority to the Government of the United States on the subject of marriage and divorce.” Haddock v. Haddock, 201 U. S. 562,575 (1906); see also In re Burrus, 136 U. S. 586, 593–594(1890) (“
The whole subject of the domestic relations of husband and wife, parent and child, belongs to the laws of the States and not to the laws of the United States”).