The Supreme Court revealed their decision on the Defense of Marriage Act in their last seession before they take their summer break. They ruled that the federal government must recognise the marriages between people of the same sex in states where that marriage is legally recognised.

That decision now invalidates the defense of marriage act’s provision denying federal tax, health and pension benefits to gay married couples that were otherwise afforded to heterosexual married couples.

Although the decision rules that the federal government is required to recognise those marriages, it does not mean that other states must recognise same-sex marriages that are legal in other states.

Justice Anthony Kennedy wrote the majority opinion.

“The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and injure those whom the State, by its marriage laws, sought to protect in personhood and dignity,” Justice Kennedy wrote. “By seeking to displace this protection and treating those persons as living in marriages less respected than others, the federal statute is in violation of the Fifth Amendment.”

Voting in the majority were Justices Kennedy,Justices Roberts, Scalia, Thomas, and Alito voted in the minority in the case.

The Court also declined to decide in the California case banning same sex marriage there, leaving in place the trial court victory for two same-sex couples who sought to marry.