The 2013 case of Windsor v. United States in the Second Circuit Court of Appeals employed ___ in holding that the Defense of Marriage Act held no legi

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The 2013 case of Windsor v. United States in the Second Circuit Court of Appeals employed ___ in holding that the Defense of Marriage Act held no legitimate state interest and thus overturned it.

intermediate scrutiny

Explanation:

In United States v. Windsor, the Second Circuit Court of Appeals confirmed the lower court's decision that Section 3 of DOMA was unconstitutional.

The court found that, since homosexuals had been historically subjected to discrimination, they could be considered as a group that falls under a "quasi-suspect classification", and therefore intermediate scrutiny could be applied.

DOMA was deemed unconstitutional under the equal protection guarantees of the Fifth Amendment because it didn´t pass that test.

- "it was a failure that was an embarrassment for the kennedy administration."

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