The Daily Parker

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Second court overturns DOMA

The 2nd Circuit Court of Appeals has ruled the Defense of Marriage Act unconstitutional on equal-protection grounds:

This is a really big deal. [George H.W. Bush-appointed Chief Judge Dennis] Jacobs is not simply saying that DOMA imposes unique and unconstitutional burdens on gay couples, he is saying that any attempt by government to discriminate against gay people must have an “exceedingly persuasive” justification. This is the same very skeptical standard afforded to laws that discriminate against women. If Jacobs’ reasoning is adopted by the Supreme Court, it will be a sweeping victory for gay rights, likely causing state discrimination on the basis of sexual orientation to be virtually eliminated. And the fact that this decision came from such a conservative judge makes it all the more likely that DOMA will ultimately be struck down by the Supreme Court.

The 1st Circuit already found the law unconstitutional. One hopes we can dispense with the law without going through all 12 circuits in order...

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