D.O.M.A.’ s Section 3 is unconstitutional. A response to Chief Justice Scalia's "what are we doing?"

The article analyzes the 570__2013 U.S. Supreme Court’s case considering the objections made by Chief Justice Scalia on the merits and on the appropriateness of this judgment. In particular, references are made on the legitimacy of judicial review in cases involving a violation of fundamental principles. As argued, the aim of supreme judges in constitutional democratic systems is to protect individuals’ rights despite the will of an electoral majority. Thus, this analysis discusses theories of judicial interpretation in order to stress the legitimacy of non-majoritarian decisions in a contemporary constitutional democracy