DOMA Ruled Unconstitutional by ANOTHER Federal Court
The Defense of Marriage Act, that jagged piece of legislation harming so many Americans by preventing all couples from marrying, has been struck down as unconstitutional by another Federal Appeals Court. Again. Once more. For another time.
In striking down DOMA, the court held that government discrimination against lesbians and gay men now is assumed to be unconstitutional and that DOMA’s defenders could not offer any good reason for treating married same-sex couples differently from all other married couples.
This is the first federal appeals court decision to decide that government discrimination against gay people gets a more exacting level of judicial review, known as “heightened scrutiny.”
The Supreme Court is expected to take up a case involving either DOMA or Prop 8 after the election. A DOMA strike-down, which almost a sure thing at this point, is the quickest route to legal same-sex marriage for all Americans.
Just how many of these final death tolls are we going to need to ring before marriage equality is the law of the land?