DOMA is DOOMED

The Defense of Marriage Act (DOMA) had another body blow yesterday by an appeals court in New York.

The 2nd U.S. Circuit Court of Appeals in New York slammed another nail in the coffin of the so-called Defense of Marriage Act on Thursday. The noxious 1996 federal law defines marriage as being between one man and one woman, thus denying same-sex families the right to marry and the same financial and legal stability afforded straight couples who marry. It’s flat-out discrimination. And by a 2-to-1 vote, the appeals court agreed.

The majority opinion in Windsor v. United States, written by Judge Dennis Jacobs, ruled that DOMA violated the Constitution’s guarantee of equal protection under the law. The conservative jurist appointed by President George H. W. Bush in 1992 even adopted the view of the Obama administration in declaring that laws singling out gay men and lesbians deserve “heightened scrutiny” by the courts.

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 rationale was the basis for the Justice Department determination that DOMA is unconstitutional and that it would no longer defend the statute against legal challenge. And Jacobs’s use of “heightened scrutiny” is a first for an appellate court and goes a step farther than the May ruling from the Boston federal appeals court that also found DOMA unconstitutional in Gill v. Office of Personnel Management.

Here;  http://www.washingtonpost.com/blogs/post-partisan/post/doma-is-doomed/2012/10/19/bd09cb1c-19e5-11e2-bd10-5ff056538b7c_blog.html

Have you ever had water come into your basement when it rains hard in the spring?  Have you ever stood there with a mop and a wet vac and try to stay ahead of the seeping water?  Have you ever got to the point where the water starts coming in so fast that it simply becomes futile to stop it with your mop and bucket?

I hate to say it, but the gay marriage thing is coming like a flood.  I started as a trickle but now I'm not sure our mop and bucket is going to stop the flood.

What a sad day.

Of course they never talk about the bi-sexual rights today....but that is coming...when a man will be allowed to marry ONE MAN AND ONE WOMAN.  After that happens a man will be allowed to marry two women, etc....

Pandora's box has been opened.

Heaven help us.