Federal Court Rules DOMA Violates Equal Protection (cross post - breaking news)

[FreeState]

Source: Metro Weekly

U.S. District Court Judge Jospeh Tauro, appointed to the federal bench in 1972, ruled this afternoon in Gill v. Office of Personnel Management that Section 3 of the Defense of Marriage Act violates the equal protection clause of the Fourteenth Amendment, according to a tweet sent from Gay & Lesbian Advocates & Defenders, which brought the case. A companion decision in Massachusetts v. U.S. Dep't of Health and Human Services also was issued, according to a GLAD news advisort

Section 3 of DOMA defines "marriage" and "spouse" at the federal level as constituting only opposite-sex couples. It reads:

`In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word `marriage' means only a legal union between one man and one woman as husband and wife, and the word `spouse' refers only to a person of the opposite sex who is a husband or a wife.'.

More will be forthcoming ...

Read more: http://metroweekly.com/poliglot/2010/07/federal-court-rules-doma-viola.html

[LostinVA]

1. OOOOMMGGGGG

[FreeState]

2. The best part - the Judge was appointed by Nixon and a GOP Governor :) n/t

[FBaggins]

9. Enumerated powers

It's how a conservative judge should rule on the issue if politics and/or personal bias is removed from the decision.

I'm not sure that the decision will survive appeals... but the question is whether the current administration will appeal in the first place.

[katandmoon]

3. K&R!!!

[foxfeet]

4. Woot!

:woohoo:

[mitchtv]

5. here we go--------

BTW fuck you Linda Lingle

[racaulk]

6. Fantastic!!!

:woohoo:

[ShadowLiberal]

7. Awesome, especially considering who appointed the judge

This is a good early victory, but we all know it'll be appealed farther, probably to the Supreme Court.

But still, for a Nixon judge to rule this way, it's a big victory, even if he was from the Massachusetts area, since Nixon wasn't exactly a hero on civil rights, quite the opposite.

[tbyg52]

8. This makes me very happy.

:woohoo:

[JulieKatz]

10. Finally Some Good News n/t

[nickinSTL]

11. my question is...will the current Justice Dept appeal?

n/t

[TheWraith]

13. Almost certainly, and we want them to.

First off, the JD basically has to, as it's their job to defend federal law and the federal government from lawsuits.

Second, if it doesn't get taken to the SCOTUS and upheld there, then the ruling ONLY applies to Massachusetts.

[RetiredTrotskyite]

12. YAY!

:bounce: :toast: :party: :grouphug: :woohoo: :applause: :patriot: