July 8, 2010

"...it is only irrational prejudice...

A U.S. judge in Boston has ruled, on 5th amendment grounds, that the federal gay marriage ban is unconstitutional, saying it interferes with the right of a state to define marriage. Boston federal Judge Joseph L. Tauro, appointed by Nixon in 1972, issued the ruling striking down the Defense of Marriage Act (DOMA).

DOMA (see 1 U.S.C. § 7, and 28 U.S.C. § 1738C) was signed into law by Bill Clinton on September 21, 1996 following an 85-14 vote in the Senate and 342-67 in the House. It was passed by a reactionary congress in response to pending state legislation in Hawaii and other states. 

Obama campaigned partly on the repeal of DOMA, but in a Justice Department brief issued in Smelt v. United States, the administration flip-flopped. Obama didn't have the guts to take the political heat if his administration didn't defend the country from the scourge of fags.

It took 14 years and a federal judge to reverse this senseless law. Undoubtedly SCOTUS will get the opportunity to review, and in a Roberts/Alito/Thomas court that will be a crapshoot..

See the AP article HERE, and read the full opinion HERE [PDF].
~~

4 Comments:

Anonymous said...

This judge is a 79 year old atheist generated by a Cornell and Brown liberal education. Just like other dogs and heathen he is headed for the fires of hell.

Mule Breath said...

Oh ho! Someone speaks for god, and in the process demonstrates why there is such a need to defend the constitutional Wall of Separation.

Ignorance is curable. Willful ignorance is inexcusable.

Anonymous said...

Sick him, M.B.

Mule Breath said...

Humpf...

Anonymous apparently doesn't have stones enough to defend her/his position.

This illustrates why my originally settings excluded anonymous comments. Maybe I should set it so that at least a username was required. At the very least it would discourage the riffraff.

But then again, I'm mostly anonymous, so perhaps requiring others to be identified would be hypocritical.