Comment on Supreme Court Strikes Down Defense of Marriage ActComments−hawkharris13yUnfortunately, the Supreme Court did not strike down DOMA. Section 2 of the Act, which lets states refuse to recognize same-sex marriages established by other states, remains intact.−tomjen313yIt seems reasonable that that part would be struck down later, when some suit is brought over it, or the Equal Rights Amendment finally passes.−smackfu13yWere they even able to do that, since it wasn't part of the case in front of them?−hawkharris13yNo, that's a good point. SCOTUS evaluated only Section 3 of DOMA. They did not "strike down" the entire Act, as most reporters are suggesting.
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Unfortunately, the Supreme Court did not strike down DOMA. Section 2 of the Act, which lets states refuse to recognize same-sex marriages established by other states, remains intact.
It seems reasonable that that part would be struck down later, when some suit is brought over it, or the Equal Rights Amendment finally passes.
Were they even able to do that, since it wasn't part of the case in front of them?
No, that's a good point. SCOTUS evaluated only Section 3 of DOMA. They did not "strike down" the entire Act, as most reporters are suggesting.