Tuesday, June 14, 2011

Bankruptcy Court Rules DOMA Unconstitutional

Via San Diego Gay and Lesbian News:

LOS ANGELES -- The U.S. Bankruptcy Court for the Central District of California ruled late Monday that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, granting a legally married gay couple a joint Chapter 13 bankruptcy.

The court concluded:

The Debtors have demonstrated that DOMA violates their equal protection rights afforded under the Fifth Amendment of the United States Constitution, either under heightened scrutiny or under rational basis review. Debtors also have demonstrated that there is no valid governmental basis for DOMA. In the end, the court finds that DOMA violates the equal protection rights of the Debtors as recognized under the due process clause of the Fifth Amendment.

I don't know what the legal implications of this is, but it seems to me that eventually one of these court cases will reach the Supreme Court and they will have to rule in our favor since the current laws clearly shows that there is a bias against a group of people in terms of how the law is applied across the states.

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