// you’re reading...

Law

Deeply Conservative Judge Strikes DOMA

Chief Judge Ronald Jacobs from the Second District US Court of Appeals just authored an opinion striking down the Defense of Marriage Act as unconstitutional:

[W]e conclude that review of Section 3 of DOMA requires heightened scrutiny. The Supreme Court uses certain factors to decide whether a new classification qualifies as a quasi-suspect class. They include: A) whether the class has been historically “subjected to discrimination,”; B) whether the class has a defining characteristic that “frequently bears [a] relation to ability to perform or contribute to society,” C) whether the class exhibits “obvious, immutable, or distinguishing characteristics that define them as a discrete group;” and D) whether the class is “a minority or politically powerless.” Immutability and lack of political power are not strictly necessary factors to identify a suspect class. Nevertheless, immutability and political power are indicative, and we consider them here. In this case, all four factors justify heightened scrutiny: A) homosexuals as a group have historically endured persecution and discrimination; B) homosexuality has no relation to aptitude or ability to contribute to society; C) homosexuals are a discernible group with non-obvious distinguishing characteristics, especially in the subset of those who enter same-sex marriages; and D) the class remains a politically weakened minority.

This is a big deal, given Judge Jacobs’ track record as one of the more conservative federal judges in the country, as anti-DOMA cases continue to wind their way towards the Supreme Court.

h/t Think Progress

Discussion

No comments for “Deeply Conservative Judge Strikes DOMA”

Most Recent Tweets From Us

FamilyLawLADean Masserman
@FamilyLawLA:
Let's help. Donate to her fund. This Is What Domestic Violence Looks Like (GRAPHIC) http://t.co/deOSOQlJd9 via @HuffPostWomen @FamilyLawLA
2 months ago
duncanmcleod1duncan mcleod
@duncanmcleod1:
"there's a few new companies... 'spindr'...its like 'tindr' but for spinsters i guess...." - Silicon Vally LOVE YOU @kumailn !!! :D
2 months ago
JusayinAKLJusayinAKL
@JusayinAKL:
@Swervybeats @reubenvergis i was watching some shit movie and they discussed spindr
2 months ago
CoachStalzTony Stalzer
@CoachStalz:
BK rockin' in-between innings @ColoNesco #jammin80's #spindr.
2 months ago
sadieisniceS a d i e
@sadieisnice:
i wih to meet spindr men for rel if i wus in dahr hie will comeg in restcku me
2 months ago
sadieisniceS a d i e
@sadieisnice:
der spindr men you are so weet to me ko
2 months ago
sadieisniceS a d i e
@sadieisnice:
der spindr men you are nice ko so go nake to or word im sorey
2 months ago
sadieisniceS a d i e
@sadieisnice:
der spindr men you atr so weetto me but we art just not reddy tobe in love ko spindr men
2 months ago
FamilyLawLADean Masserman
@FamilyLawLA:
The Real Reason Over Half of Women Say They Divorced in Midlife http://t.co/nn1jUj8aku via @HuffPostDivorce @FamilyLawLA
2 months ago
FamilyLawLADean Masserman
@FamilyLawLA:
You thought it didn't count - Online flirting grounds for divorce? | http://t.co/OmiD7tD5N7 http://t.co/XSR9vc1cg7 via @hlntv @FamilyLawLA
2 months ago
dicp2dicplove2live4christ
@dicp2dicp:
The #LA #basketball #gods are frowning on #DS.....his #spindr did not help....
2 months ago
andersblankAnders Blank
@andersblank:
Kaspar Juul passar bättre som spindr #esc14
2 months ago
russd27Russ Donnelly
@russd27:
Can't wait for @joe_warmington to spin Rob Ford's latest cracking video - Joe will make Rob the "victim" and expect sympathy #topoli #spindr
3 months ago

Blog Catalog

Law & Legal Blogs - BlogCatalog Blog Directory