The Mellor Law Firm, APLC

California Real Estate, Construction, Bankruptcy, Foreclosure and Business Litigation Lawyers

    • Facebook
    • LinkedIn
    • RSS
    • Twitter
    • YouTube

Call: (951) 221-4744

  • Our Firm
  • Attorney Profile
  • Practice Areas
    • Real Estate Law
    • Construction Law Attorney
    • Experienced Foreclosure Attorney Serving Riverside Homeowners
    • Business Law
    • Chapter 7 Bankruptcy
    • Chapter 13 Bankruptcy
    • Contract Disputes
    • Insurance
    • Loan Modifications
    • Personal Injury & Wrongful Death
    • Mechanic’s Lien
  • Case Handling
  • Clients
  • Blog
  • Contact

DOMA Found Unconstitutional By High Court.

August 14, 2013 by Leave a Comment

Defense of Marriage Act DOMA Ruling Two New York women were lawfully married in Canada in 2007. One of them died in 2009, leaving her entire estate to the survivor who sought to claim the estate tax exemption for surviving spouses. The Defense of Marriage Act [28 U.S.C. § 1738C ; DOMA] barred her from succeeding on her exemption claim. § 3 of DOMA amends the Dictionary Act [1 U.S.C. § 7] to provide: “. . . the word ‘marriage’ means only a legal union between one man and one woman as husband and wife, and the word ‘spouse’ refers only to a person of the opposite sex who is a husband or a wife.” The high court, in an opinion authored by Justice Kennedy, and joined by Justices Ginsburg, Breyer, Sotomayor and Kagan, noted that New York recognizes same-sex marriages, and stated DOMA violates basic due process and equal protection principles applicable to the federal government. The opinion further states: “DOMA’s unusual deviation from the usual tradition of recognizing and accepting state definitions of marriage here operates to deprive same-sex couples of the benefits and responsibilities that come with the federal recognition of their marriages. This is strong evidence of a law having the purpose and effect of disapproval of that class. The avowed purpose and practical effect of the law here in question are to impose a disadvantage, a separate status, and so a stigma upon all who enter into same-sex marriages made lawful by the unquestioned authority of the States.”

In his dissent, joined by Justice Thomas, Justice Scalia stated the majority opinion is “jaw-dropping,” and “an assertion of judicial supremacy over the people’s Representatives in Congress and the Executive. It envisions a Supreme Court standing (or rather enthroned) at the apex of government, empowered to decide all constitutional questions, always and everywhere ‘primary’ in its role.” U.S. v. Windsor  (U.S. Sup. Ct.; June 26, 2013) 133 S.Ct. 2675, [186 L.Ed.2d 808].

Filed Under: Civil Rights Law News, Constitutional Law News, Discrimination Law News, Estate Planning Law News, Family Law News, Government Law News, Legal News, LGBT Law News, U.S. Supreme Court

Leave a Reply Cancel reply

You must be logged in to post a comment.

Call Us: 951-222-2100

Consultations available in-office or over
the phone. Speak to one of our leading attorneys in California today.

Recent News

What Is a Deed of Trust in California Real Estate?

September 21, 2026 By Mark Mellor

Quick answer: A deed of trust is a legal document used in California to secure a monetary loan with real property itself. It involves three parties: the borrower (trustor), the lender (beneficiary), and a neutral third party (trustee) who holds legal title until the loan is fully … Read More...

How to Dissolve an LLC in California

September 14, 2026 By Mark Mellor

Quick Answer: To dissolve an LLC in California, review your operating agreement, hold a member vote, wind up business affairs, and distribute remaining assets. Then file a Certificate of Dissolution and Certificate of Cancellation with the Secretary of State, submit your final … Read More...

What Happens If You Hire an Unlicensed Contractor in California?

September 11, 2026 By Mark Mellor

Quick answer: Hiring an unlicensed contractor in California can leave you without legal protections, financially exposed, and personally liable for injuries on your property. California law gives homeowners significant leverage against unlicensed contractors, including the right … Read More...

Follow Mellor Law Firm

    • Facebook
    • LinkedIn
    • RSS
    • Twitter
    • YouTube

Our Areas of Practice

  • Comprehensive Real Estate Legal Services
  • Construction Law Attorney
  • Mechanic’s Lien – Stop Notice
  • Experienced Foreclosure Attorney Serving Riverside Homeowners
  • Business Law
  • Contract Disputes
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Insurance
  • Lien Stripping Bankruptcy
  • Loan Modifications
  • Personal Injury & Wrongful Death
  • Property Ownership

Navigate

  • Home
  • Our Firm
  • Mark Mellor
  • Practice Areas
  • Case Handling
  • Clients
  • Resources
  • Contact
  • Blog
  • Privacy Policy

Practice Areas

  • Comprehensive Real Estate Legal Services
  • Construction Law Attorney
  • Mechanic’s Lien – Stop Notice
  • Experienced Foreclosure Attorney Serving Riverside Homeowners
  • Business Law
  • Contract Disputes
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Insurance
  • Lien Stripping Bankruptcy
  • Loan Modifications
  • Personal Injury & Wrongful Death
  • Property Ownership

Recent Posts

  • What Is a Deed of Trust in California Real Estate?
  • How to Dissolve an LLC in California
  • What Happens If You Hire an Unlicensed Contractor in California?
  • How to Find Hidden Liens in a California Preliminary Title Report

Follow Us

    • Facebook
    • LinkedIn
    • RSS
    • Twitter
    • YouTube

Contact our offices

The Mellor Law Firm, APLC
6800 Indiana Avenue, Suite 220
Riverside, CA 92506
Phone: (951) 221-4744
Fax: (951) 222-2122
10.0Mark Albert Mellor

The Mellor Law Firm, APLC © 2026. All Rights Reserved.