2nd Circuit Court Strikes Down DOMA


Here’s some good news. A three-judge panel of the conservative 2nd Circuit Court has struck down the odious Defense of Marriage Act on a 2-1 vote. The opinion was written by Chief Judge Dennis Jacobs, a very conservative appointee of the first George Bush. Ian Millhiser of ThinkProgress has the news:

This is a really big deal. Jacobs is not simply saying that DOMA imposes unique and unconstitutional burdens on gay couples, he is saying that any attempt by government to discriminate against gay people must have an “exceedingly persuasive” justification. This is the same very skeptical standard afforded to laws that discriminate against women. If Jacobs’ reasoning is adopted by the Supreme Court, it will be a sweeping victory for gay rights, likely causing state discrimination on the basis of sexual orientation to be virtually eliminated. And the fact that this decision came from such a conservative judge makes it all the more likely that DOMA will ultimately be struck down by the Supreme Court.

This ruling makes it likely that the Supreme Court will take on DOMA in the fairly near future. Stay tuned.

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