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DOMA Ruled Unconsitutional. - 6/14/2011 7:37:47 PM

farglebargle

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http://metroweekly.com/poliglot/57794777-DOMA-Memorandum-of-Decision.pdf

Two highlights:

"In the court’s final analysis, the government’s only basis for supporting DOMA comes down to an apparent belief that the moral views of the majority may properly be enacted as the law of the land in regard to state-sanctioned same-sex marriage in disregard of the personal status and living conditions of a significant segment of our pluralistic society. Such a view is not consistent with the evidence or the law as embodied in the Fifth Amendment with respect to the thoughts expressed in this decision. The court has no doubt about its conclusion: the Debtors have made their case persuasively that DOMA deprives them of the equal protection of the law to which they are entitled. "

"The Debtors have demonstrated that DOMA violates their equal protection rights afforded under the Fifth Amendment of the United States Constitution, either under heightened scrutiny or under rational basis review. Debtors also have demonstrated that there is no valid governmental basis for DOMA. In the end, the court finds that DOMA violates the equal protection rights of the Debtors as recognized under the due process clause of the Fifth Amendment."

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RE: DOMA Ruled Unconsitutional. - 6/14/2011 7:42:30 PM

BKSir

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*snort* Well, I guess it's one way of getting it struck down. Show the govt. that it hurts their pocketbooks to enforce it. *shrug* Whatever... I'll take it. :)

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RE: DOMA Ruled Unconsitutional. - 6/14/2011 7:52:18 PM

mnottertail

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I can see why a harvard professor might as a matter of american principle say:

Pass.

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RE: DOMA Ruled Unconsitutional. - 6/14/2011 8:17:56 PM

DarkSteven

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This is from a California ruling. I assume it'll be appealed to SCOTUS.

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