Thursday, July 08, 2010

DOMA Doomed (Temp.)

Delightfully, but not astonishingly, the U.S. District Court here in the gay-marriage-friendly commonwealth finds the obvious. Sure enough, DOMA (Defense of Marriage Act) violated equal protection.

Federal Judge Joseph Tauro agreed with the MA AG contention that DOMA spits on the 10th Amendment to the U.S. Constitution. That it, it took powers of the states and federalized them.

As recapped in Bay Windows, this was a double-down day, in the Gill case, Tauro also found that the same invidious act violated due process (5th Amendment). Honest to God, the scofflaw gay-bashers need to get a handle on history!

I'll go into details as I see the decisions. Meanwhile, be sure that even though the tepidly moderate Obama administration has little stomach for defending DOMA, this is likely to head up to the Supremes. If the SCOTUS decides to take this, we could finally get the action a brave President would have demanded two years ago.

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Uncle said...

Judge Tauro rocks! I recall that he it was who, back in the 70s, took a look at the evidence in the Boston Massacre trial and said he would have thrown the case out for insufficient evidence. Not a judge to be influenced by public opinion, only by fact. Let's hope the decision stands.

Ryan said...

This is amazing. Here's hoping Obama will grow a soul and not take this all the way.