Abstract
In June of 2013, Justice Anthony M. Kennedy authored the majority opinion in United States v. Windsor, striking down the Defense of Marriage Act as an unconstitutional “deprivation of the equal liberty of persons.” Instead of applying the Supreme Court’s traditional tiers-of-scrutiny framework, Justice Kennedy’s due process and equal protection analysis weighed multiple factors: the significance of the liberty interest at stake, the extent to which similarly situated individuals were being treated differently under the law, the presence of animus or moral disapproval of a politically unpopular class in the law’s purpose and effect, and the legitimacy
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