Thursday, July 08, 2010

DOMA Unconstitutional

A U.S. District judge in Boston has ruled the federal Defense of Marriage Act (DOMA) unconstitutional in two separate cases.

In the first case, brought by the state of Massachusetts, Judge Joseph Tauro ruled that DOMA interfered with a state's right to define marriage and forced Massachusetts to discriminate against its own citizens.

In a second case, filed by Gay Advocates & Defenders, Tauro ruled that DOMA violated the equal protection clause of the U.S. Constitution.

I can hear the howls of indignation about "activist judges" from the right already.

The fact of the matter is that the judge is correct on both counts. I've searched every page of the Constitution and no place can I find anything that would lead me to believe that equal protection under the law applies to everyone but gays.

I also find it wryly amusing that the same people that are constantly screaming about the federal government over stepping its bound have no problem with a federal law that defines who a state can declare is married.

I doubt this decision will survive the current right leaning Supreme Court but that will be a problem with the Supreme Court and not with the current ruling.

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