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On Wednesday, Scalia issued another pungent dissent in the Defense of Marriage Act case in which he made a new prediction that the ruling would be used to upend state restrictions on marriage. Kennedy's majority opinion insisted the decision was limited to legally married same-sex couples.
Scalia read aloud in a packed courtroom that included the two couples who sued for the right to marry in California. On the bench, Justice Elena Kagan, who voted to strike down DOMA, watched Scalia impassively as he read.
"It takes real cheek for today's majority to assure us, as it is going out the door, that a constitutional requirement to give formal recognition to same-sex marriage is not at issue here_when what has preceded that assurance is a lecture on how superior the majority's moral judgment in favor of same-sex marriage is to the Congress' hateful moral judgment against it. I promise you this: The only thing that will 'confine' the court's holding is its sense of what it can get away with," Scalia said.
Scalia and Justice Samuel Alito, who also wrote a dissenting opinion, said their view is that Constitution does not require states to allow gay and lesbian couples to marry.
Outside the court, some in the crowd hugged and others jumped up and down just after 10 a.m. EDT when the DOMA decision was announced. Many people were on their cellphones monitoring Twitter, news sites and blogs for word of the decision. And there were cheers as runners came down the steps with the decision in hand and turned them over to reporters who quickly flipped through the decisions.
Chants of "Thank you" and "U-S-A" came from the crowd as plaintiffs in the cases descended the court's marbled steps. Most of those in the crowd appeared to support gay marriage, although there was at least one man who held a sign promoting marriage as between a man and a woman.
In New York City's Greenwich Village, the Stonewall Inn, where a riot in 1969 sparked the gay rights movement, erupted in cheers and whooping.
Mary Jo Kennedy, 58 was there with her wife Jo-Ann Shain, 60, and their daughter Aliya Shain, 25.
She came with a sign that could be flipped either way and was holding up the side that says "SCOTUS made our family legal".
They have been together 31 years and got married the day it became legal in New York.
Others were not celebrating.
"We mourn for America's future, but we are not without hope," said Tim Wildmon, president of American Family Association, in a statement.
Said. Tony Perkins, president of the Family Research Council: "Time is not on the side of those seeking to create same-sex 'marriage.' As the American people are given time to experience the actual consequences of redefining marriage, the public debate and opposition to the redefinition of natural marriage will undoubtedly intensify."
The federal marriage law had been struck down by several federal courts, and the justices chose to take up the case of 84-year-old Edith Windsor of New York, who sued to challenge a $363,000 federal estate tax bill after her partner of 44 years died in 2009.
Windsor, who goes by Edie, married Thea Spyer in 2007 after doctors told them Spyer would not live much longer. Spyer had suffered from multiple sclerosis for many years. She left everything she had to Windsor.
Windsor arrived at a news conference in New York after the ruling to applause from her supporters and said she felt "joyous, just joyous."
Windsor would have paid nothing in inheritance taxes if she had been married to a man. Now she is eligible for a refund.
In the case involving the federal Defense of Marriage Act, Justice Kennedy was joined by the court's four liberal justices. In the California ruling, which was not along ideological lines, Chief Justice John Roberts' opinion was joined by Scalia and three of those liberal court members: Kagan, Ruth Bader Ginsburg and Stephen Breyer.