The U.S. Supreme Court's decision in U.S. v. Windsor, striking down Section 3 of the Defense of Marriage Act, reflected themes that have been present in Justice Anthony Kennedy's jurisprudence for years: a concern about federalism and a desire to protect gays and lesbians from discrimination. These came together powerfully in a ruling that will matter for married same-sex couples all across the country. There are more than 1,100 federal laws that provide benefits to married couples. Now same-sex couples who are married in states that allow this will be treated the same under federal law as heterosexual couples.
The reasoning in Kennedy's majority opinion should be a surprise to no one who is familiar with his jurisprudence. He emphasized that the definition of who is married is traditionally left for state governments, raising federalism concerns about Section 3 of DOMA, which declares that for purposes of federal law and federal benefits marriage is between a man and a woman.
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