DOMA is going down!

Posted on February 24, 2012


I am a little disappointed that federal Judge Jeffrey White‘s ruling against DOMA has not received more attention (I just found about it today so I’m a bit behind). Perhaps it lacks the flair of the Ninth Court of Appeal’s ruling on Prop 8. The language was equally logical and supportive, but didn’t offer the inspiring language that can be found in the Prop 8 ruling. I did scan White’s filings for some quotes and found these:

Basing legislation on moral disapproval of same-sex couples does not pass any level of scrutiny (White, 30).

Here, too, this Court finds that Congress cannot, like an ostrich, merely bury its head in the sand and wait for danger to pass, especially at the risk of permitting continued constitutional injury upon legally married couples. The fact that the issue is socially divisive does nothing to
relieve the judiciary of its obligation to examine the constitutionality of the discriminating classifications in the law (White, 41).

The entire 43 page ruling can be read here. There are lots more good quotes but, in the nature of court decisions, they are from other cases which I am not wanting to track down to quote properly.

Here is Towleroad’s take on it. And The Advocate had something to say as well.

Unlike Prop 8, GOP presidential candidates are silent on this ruling. Perhaps they feel it would be harder to paint a Republican appointee as a crazy liberal activist judge?

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