Thursday, July 08, 2010

I could have told you that…

…but it's good to hear it from a federal court - a Nixon appointee, no less.
DOMA fails to pass constitutional muster even under the highly deferential rational basis test. As set forth in detail below, this court is convinced that "there exists no fairly conceivable set of facts that could ground a rational relationship" between DOMA and a legitimate government objective. DOMA, therefore, violates core constitutional principles of equal protection.
The Justice Department needs to leave it there. With a ruling in hand, there's no further obligation to test or defend the statute.

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1 Comments:

Anonymous Terry Parkhurst said...

Forget the so-called Defense of Marriage Act. Whatever happened to the very simple concept, expressed by the Founding Fathers as a bedrock of America, that being, "the right to life, liberty and the pursuit of happiness"?

Or put more cynically (or realistically) by Chris Rock, speaking of marriage, "Gay (and lesbian) people have as much right as the rest of us to be miserable."

9:52 PM  

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