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
Constitution.
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.