By Amy Howe
Two years ago, Justice Anthony Kennedy joined the Court’s four more liberal Justices to strike down a provision of the federal Defense of Marriage Act defining “marriage,” for purposes of over a thousand federal laws and programs, as a union between a man and a woman. The Court’s ruling in United States v. Windsor meant that, going forward, same-sex couples who were married in states where same-sex marriages were legal received the same treatment under federal law as married opposite-sex couples. Today, on the second anniversary of that decision, Justice Kennedy again joined Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan in holding both that states must allow same-sex couples to marry and that they must recognize same-sex marriages from other states. Let’s talk about the decision in Obergefell v. Hodges in Plain English.