Juggling Rights and Utility: A Legal and Philosophical Framework for Analyzing Same-Sex Marriage in the Wake of United States v. Windsor

In June of 2013, Justice Anthony M. Kennedy authored the majority opinion in United States v. Windsor, striking down the Defense of Marriage Act asan 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 […]