Tuesday, July 31, 2012

Another Federal judge finds DOMA unconstitutional

The Advocate is reporting yet another court has found DOMA to be unconstitutional:

Judge Vanessa L. Bryant ruled in the case, Pedersen v. Office of Personnel Management, that the 1996 law violates the Equal Protection Clause found in the Fifth Amendment to the United States Constitution. The plaintiffs are being represented by Gay and Lesbian Advocates and Defenders, while the House Republican-controlled Bipartisan Legal Advisory Group has intervened to defend DOMA.

In the ruling that ran more than 100 pages, Judge Bryant, a George W. Bush appointee, concluded that,  “having considered the purported rational bases proffered by both BLAG and Congress and concluded that such objectives bear no rational relationship to Section 3 of DOMA as a legislative scheme, the Court finds that no conceivable rational basis exists for the provision.  The provision therefore violates the equal protection principles incorporated in the Fifth Amendment to the United States Constitution.”

The ruling comes as the Supreme Court is facing requests in several cases to decide the question of DOMA's constitutionality once and for all.

Paul Clement, a very expensive, big-deal lawyer, was hired by Speaker of the House Boehner to defend the anti-gay law.  Unsuccessfully.

Your tax dollars at work.

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