The Walking Dead law that is the so-called Defense of Marriage Act has been ruled unconstitutional in part by a George W. Bush-appointed Federal District Judge in San Francisco. He ruled in the case of Karen Golinski, a law clerk for a Federal Judge who sued after being denied benefits for her wife, that section 3 of the act could not pass muster under either heightened scrutiny or the rational basis test. Section 3 prevents the Federal government from recognizing legal same sex marriages. A quote from the decision:
"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,'"
Quite significantly, this ruling granted summary judgment to Ms. Golinski. In other words, there will be no trial because there is no possible way for a trial to end in any other result. It means that the pro-DOMA House Republicans had absolutely no case and could not prevail under any circumstances. Read about it at Politico.
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