In asking the Court to determine that § 3 of DOMA is subject to and violates heightened scrutiny, Windsor and the United States thus ask us to rule that the presence of two members of the opposite sex is as rationally related to marriage as white skin is to voting or a Y-chromosome is to the ability to administer an estate. That is a striking request and one that unelected judges should pause before granting. Acceptance of the argument would cast all those who cling to traditional beliefs about the nature of marriage in the role of bigots or superstitious fools. By asking the Court to strike down DOMA as not satisfying some form of heightened scrutiny, Windsor and the United States are really seeking to have the Court resolve a debate between two competing views of marriage.
Samuel Alito Connected to the Carolinas
Source
Dissenting opinion, States v. Windsor, 570 U.S. 744 (2013)
- year
- 2013
Cite this record
“In asking the Court to determine that § 3 of DOMA is subject…” Samuel Alito. Carolina Quotes, record CQ-0CF1729455. https://carolinaquotes.com/quote/0cf1729455
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