Defense of Marriage Act's Achilles heel
A judge's finding that DOMA violates the Constitution's equal protection clause could be accepted by the U.S. Supreme Court.
Last week, a federal court in Massachusetts held unconstitutional the provision of the federal Defense of Marriage Act, known as DOMA, that denies federal benefits to same-sex spouses. The ruling relied on two arguments: that the law interfered with the rights of states guaranteed in the 10th Amendment, and that it violated the Constitution's equal protection clause. The first of these arguments doesn't make much sense, but the second is so strong that it ... Full Story »
Posted by Samuel W. Velsor IV - via NewsRack (U.S.)
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