18 October 2012

Another Appeals Court Puts Another Nail in DOMA's Coffin

The US Court of Appeals for the 2nd circuit has ruled that DOMA was unconstitutional.

What's more they set a very high standard:
This is a really big deal. 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.
Of course, this won't make any difference to Scalia when it gets there. He's a corrupt hack.

Still, it's a, dare I say it, a fabulous bit of news.


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