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BenefitsLink Retirement Plans Newsletter

Supplement to
June 26, 2013
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Supplement to June 26, 2013


Text of Supreme Court Opinion Finding Ninth Circuit Had No Jurisdiction to Hear Appeal from District Court's Decision That California Prop. 8 Is Unconstitutional (PDF)
5-4 Decision; opinion written by Justice Roberts; dissenting are Justices Alito, Kennedy, Sotomayor and Thomas. Excerpt: "We have never before upheld the standing of a private party to defend the constitutionality of a state statute when state officials have chosen not to. We decline to do so for the first time here. Because petitioners have not satisfied their burden to demonstrate standing to appeal the judgment of the District Court, the Ninth Circuit was without jurisdiction to consider the appeal. The judgment of the Ninth Circuit is vacated, and the case is remanded with instructions to dismiss the appeal for lack of jurisdiction. " [Hollingsworth v. Perry, No. 12-144 (U.S. June 26, 2013)] (Supreme Court of the United States)

Text of Supreme Court Opinion Ruling DOMA Is Unconstitutional on Equal Protection Grounds (PDF)
5-4 decision; opinion written by Justice Kennedy; dissenting are Justices Alito, Roberts, Scalia and Thomas. Excerpt from the syllabus: "DOMA is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment.... By history and tradition the definition and regulation of marriage has been treated as being with in the authority and realm of the separate States.... DOMA rejects this long-established precept. The State's decision to give this class of persons the right to marry conferred upon them a dignity and status of immense import. But the Federal Government uses the state-defined class for the opposite purpose -- to impose restrictions and disabilities." [U.S. v. Windsor, No. 12-307 (U.S. June 26, 2013)] (Supreme Court of the United States)

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