Thursday, July 8, 2010

DOMA Shot Down Twice....

A federal judge in Boston Thursday ruled, in two separate cases, that a critical part of the federal Defense of Marriage Act is unconstitutional.

In one challenge brought by the state of Massachusetts, Commonwealth of Massachusetts v. Health and Human Services, Judge Joseph Tauro ruled that Congress violated the Tenth Amendment to the U.S. Constitution when it passed DOMA and took from the states decisions concerning which couples can be considered married. 

 Tauro considered whether the federal law’s definition of marriage—one man and one woman—violates state sovereignty by treating some couples with Massachusetts’ marriage licenses differently than others.
 In the other, Gill v. Office of Personnel Management, he ruled DOMA violates the equal protection principles embodied in the Due Process Clause of the Fifth Amendment.

Heightened scrutiny requires the government to come up with a fairly significant reason for treating gay couples differently under the law. In both cases, however, the judge said that DOMA failed to meet even the most simple judicial review, rational basis –in other words, there was no justifiable reason to the federal government to treat same-sex couples differently.

izz: Are you listening Maggie Ugly Ass Gallager and Govenor DingleBerry Lingle your Anita Bryant loving homophobic ways are old. Oh and by the way where is that orange juice sour puss these days?

deets via 365gay


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