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racaulk

(11,550 posts)
Thu Feb 23, 2012, 10:19 AM Feb 2012

Another court finds Defense of Marriage Act unconstitutional

Another federal judge has found unconstitutional a key part of the Defense of Marriage Act, the federal law which forbids providing federal government benefits to same-sex spouses.

U.S. District Court Judge Jeffrey White, who sits in San Francisco and was appointed to the bench by President George W. Bush, issued the ruling Wednesday afternoon in a case involving federal judicial law clerk Karen Golinski's request for benefits for her female spouse. White said the stated goals of DOMA, passed in 1996 and signed by President Bill Clinton, could not pass muster under a so-called "heightened scrutiny" test or even a lower "rational basis" threshhold.

"The imposition of subjective moral beliefs of a majority upon a minority cannot provide a justification for the legislation. The obligation of the Court is 'to define the liberty of all, not to mandate our own moral code,'" White wrote. "Tradition alone, however, cannot form an adequate justification for a law....The 'ancient lineage” of a classification does not render it legitimate....Instead, the government must have an interest separate and apart from the fact of tradition itself."

White's 43-page decision (posted here) is similar to a ruling from a federal judge in Massachusetts in 2010, who also struck down an aspect of DOMA.

<---snip--->

Link: http://www.politico.com/blogs/under-the-radar/2012/02/another-court-finds-defense-of-marriage-act-unconstitutional-115243.html

One more nail in DOMA's coffin.

10 replies = new reply since forum marked as read
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Another court finds Defense of Marriage Act unconstitutional (Original Post) racaulk Feb 2012 OP
an 'activist' judge appointed by g. w. bush. nt xchrom Feb 2012 #1
Most excellent! nt Xipe Totec Feb 2012 #2
Whoop--there it is! It's only a matter of time. Like you said, one more nail! nt MADem Feb 2012 #3
How many judges does it take to find the damned thing either HillWilliam Feb 2012 #4
The hope is that the Massachusetts one will be the one that goes forward justiceischeap Feb 2012 #5
KNR! joeybee12 Feb 2012 #6
Good! William769 Feb 2012 #7
I never understand the haters' arguments that being gay is a choice. beyurslf Feb 2012 #8
Because... RetiredTrotskyite Feb 2012 #10
Yay some more good news! Initech Feb 2012 #9

HillWilliam

(3,310 posts)
4. How many judges does it take to find the damned thing either
Thu Feb 23, 2012, 10:59 AM
Feb 2012

partly or wholly unconstitutional until it's struck down and gone?

This waiting is making me tired. And when I get tired I get cranky . . .

justiceischeap

(14,040 posts)
5. The hope is that the Massachusetts one will be the one that goes forward
Thu Feb 23, 2012, 12:00 PM
Feb 2012

Which would, in turn, help the Prop 8 case if it goes to the USSC.

William769

(55,144 posts)
7. Good!
Thu Feb 23, 2012, 02:14 PM
Feb 2012

I am getting nasty PM'S because I am intolerant. I am being told that homosexuality is not cut and dry as to being a choice or not.

If there is anybody and do mean any on this board that think they are going to change my mind or convince me that I don't know what I am talking about, or that I see boogey men where they don't exist, they are sorely mistaken.

And I will not, I repeat, I will not be silenced when it comes to bigotry, hatred, veiled innuendos or anything I consider against the LGBT community as slander. I will call it out I will shout it from the mountaintops and I will make them crawl back into the creepy little hole from which they came.

This shit has gone on long enough yes this is "One more nail in DOMA's coffin" it's also one more nail in the coffin of the people who think they are better than me.

beyurslf

(6,755 posts)
8. I never understand the haters' arguments that being gay is a choice.
Fri Feb 24, 2012, 10:34 AM
Feb 2012

What the hell difference does it make if it is a choice? Religion is a choice and it is protected. Hell, we carve out exceptions in law for people and their damned religions!

RetiredTrotskyite

(1,507 posts)
10. Because...
Mon Feb 27, 2012, 05:38 AM
Feb 2012

if the haters can convince themselves that being gay is a choice, they are justified in denying us rights/trying to force us to "change".

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