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"The court finds that DOMA, as applied to Ms. Golinski, violates her right to equal protection of the law ... without substantial justification or rational basis"
"The imposition of subjective moral beliefs of a majority upon a minority cannot provide a justification for the legislation. The obligation of the Court is 'to define the liberty of all, not to mandate our own moral code,'" White wrote. "Tradition alone, however, cannot form an adequate justification for a law....The 'ancient lineage' of a classification does not render it legitimate....Instead, the government must have an interest separate and apart from the fact of tradition itself."
This may not be the end of this. Controversial rulings like this tend to go up the appelate court ladder; sometimes even to the Supreme Court. This ruling may stand, or may not.
"The court finds that DOMA, as applied to Ms. Golinski, violates her right to equal protection of the law ... without substantial justification or rational basis"
"The imposition of subjective moral beliefs of a majority upon a minority cannot provide a justification for the legislation. The obligation of the Court is 'to define the liberty of all, not to mandate our own moral code,'" White wrote. "Tradition alone, however, cannot form an adequate justification for a law....The 'ancient lineage' of a classification does not render it legitimate....Instead, the government must have an interest separate and apart from the fact of tradition itself."
That was a very badly written article. First of all, DOMA is not anything like what the article describes. DOMA is a statutory law that allows the various States to ignore the "Full Faith & Credit" Clause of the US Constitution with regard to marriage.
Under the "Full Faith & Credit" Clause of the US Constitution every State is required to acknowledge the public acts of another State, and marriage is a public act. DOMA allows States to refuse to acknowledge marriages that are not between one man and one woman. THAT is why it is unconstitutional, not because of the bilge being spewed in that stupid article. You cannot alter the US Constitution by statutory law, as is being done with DOMA. It requires a ratified amendment to change the US Constitution.
"The court finds that DOMA, as applied to Ms. Golinski, violates her right to equal protection of the law ... without substantial justification or rational basis"
"The imposition of subjective moral beliefs of a majority upon a minority cannot provide a justification for the legislation. The obligation of the Court is 'to define the liberty of all, not to mandate our own moral code,'" White wrote. "Tradition alone, however, cannot form an adequate justification for a law....The 'ancient lineage' of a classification does not render it legitimate....Instead, the government must have an interest separate and apart from the fact of tradition itself."
First stop on the way to the sc
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