Bil Browning

DOMA Is Unconstitutional (Again)

Filed By Bil Browning | February 22, 2012 6:15 PM | comments

Filed in: Living, Marriage Equality
Tags: Defense of Marriage Act, DOMA, federal court, gay marriage, Judge Jeffery White, marriage equality, same-sex marriage

I wonder when these far right wingnuts are going to get the idea that there are certain rights that all people are entitled to? As court case after court case gets decided in favor of marriage equality, do you think they'll ever realize that judge-gavel.jpgthe law is plainly unconstitutional?

How about if a George W Bush appointed judge finds in our favor? What if the judge rules that we're a protected minority group and laws against us should be held to heightened scrutiny?

Moments ago, Judge Jeffery White of the District Court for the Northern District of California ruled that the Defense of Marriage Act (DOMA) violates the Constitution's equal protection clause in a case brought by Karen Golinski. Golinski, represented by Lambda Legal, "was denied spousal health benefits by her employer, the U.S. Ninth Circuit Court of Appeals in San Francisco." White was appointed to the court by President George W. Bush in 2002. The decision represents a serious setback for House Speaker John Boehner (R-OH), whose Bipartisan Legal Advisory Group (BLAG) defended DOMA after the Obama administration announced it would no longer defend the law.

With so many steps marching forward toward full marriage equality and federal courts finding laws preventing it unconstitutional, how much longer do you think it will be before gay and lesbian couples can get married nationwide? If you'd asked me just five years ago, I'd have given you a completely different answer than I would today.


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