US Bankruptcy Court rules DOMA unconstitutional

[FreeState]

Yet again....

The Debtors have demonstrated that DOMA violates their equal protection rights afforded under the Fifth Amendment of the United States Constitution, either under heightened scrutiny or under rational basis review. Debtors also have demonstrated that there is no valid governmental basis for DOMA.

In the end, the court finds that DOMA violates the equal protection rights of the Debtors as recognized under the due process clause of the Fifth Amendment. No one expressed the Debtors’ view as pertinent to this simple bankruptcy case more eloquently and profoundly than Justice William O. Douglas in the concluding paragraph of his opinion for the majority in Griswold v. Connecticut, 381 U.S. 479, 486(1965):

“We deal with a right of privacy older than the Bill of Rights—older than our political parties, older than our school system. Marriage is a coming together for better or for worse, hopefully enduring, and intimate to the degree of being sacred. It is an association that promotes a way of life, not causes; a harmony in living, not in political faiths; a bilateral loyalty, not commercial or social projects. Yet it is an association for as noble a purpose as any involved in our prior decisions.”

Upon consideration of the pleadings and all other materials filed in this case, and for good cause shown, the court finds that the Debtors satisfy every legal requirement to pursue their joint petition as filed pursuant to § 302(a). For the reasons stated herein and in the Debtors’ Opposition to the Motion and Debtors’ supporting authorities, the Motion to Dismiss Debtors’ chapter 13 case based on § 1307(c) is denied.

[catabryna]

1. What's the case number and what Court did this decision

originate from? Do you have a link?

[w8liftinglady]

2. try this

http://www.prop8trialtracker.com/

[catabryna]

5. Thank you...

I do know about Prop 8. I was living in California when Prop 8 was on the ballot.

This, however, is a Bankruptcy case in an unknown Court and I'd like to read the decision.

I hope the OP will respond. :hi:

[NYC_SKP]

3. Link to the ruling:

http://www.prop8trialtracker.com/2011/06/13/us-bankruptcy-court-rules-doma-unconstitutional/

:patriot:

K/R

[FreeState]

4. Thanks, somehow I forgot to include the link! N/T