DOMA Unconstitutional!

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U.S. District Judge Joseph Tauro’s peroration in Gill
v. Personnel Management

To further divide the class of married individuals into
those with spouses of the same sex and those with spouses of the
opposite sex is to create a distinction without meaning. And where, as
here, “there is no reason to believe that the disadvantaged class is
different, in relevant respects” from a similarly situated class, this
court may conclude that it is only irrational prejudice that motivates
the challenged classification.149 As irrational prejudice plainly never
constitutes a legitimate government interest, this court must hold that
Section 3 of DOMA as applied to Plaintiffs violates the equal protection
principles embodied in the Fifth Amendment to the United States

Plaintiffs sued for federal marriage-based benefits, and a federal judge
says they’re entitled to them. I presume the Obama Justice Department
will appeal, but imagine if it didn’t…Wow.

  • Importantly, the “irrational prejudice” referred to in the decision is mostly, but not entirely, a function of fundamentalist religious beliefs, and is supported by religious and political institutions. They should be ashamed. I hope DOJ does the right thing and stands by it.