m******8
发帖数: 2153 | 1 US District Court Judge Jeffrey White has ruled that part of the Defense of
Marriage Act is unconstitutional. Judge White sits in San Francisco was, and
was appointed to the bench by George W. Bush. The case centers around Karen
Golinski and her request to have her wife covered by spousal benefits.
White stated that the law could not pass the “heightened scrutiny” test or
even the “rational basis” test.
White wrote “The imposition of subjective moral beliefs of a majority upon
a minority cannot provide a justification for the legislation. The
obligation of the Court is ‘to define the liberty of all, not to mandate
our own moral code.’ Tradition alone, however, cannot form an adequate
justification for a law….The ‘ancient lineage” of a classification does
not render it legitimate….Instead, the government must have an interest
separate and apart from the fact of tradition itself.”
This is one of the cases that House Speaker John Boehner hired Paul Clement
to defend.
This is a big bit of news given that DOMA is, according to several lawyers
and a number of laymen, definitely unconstitutional.
White's 43-page decision (see the link) is similar to a ruling from a federal judge in Massachusetts in 2010, who also struck down an aspect of DOMA.
http://www.politico.com/blogs/under-the-radar/2012/02/another-c | m******8
发帖数: 2153 | 2 I really like what this judge said:
The imposition of subjective moral beliefs of a majority upon
a minority cannot provide a justification for the legislation.
The obligation of the Court is ‘to define the liberty of all, not to
mandate our own moral code.’
Tradition alone, however, cannot form an adequate justification for a law….
The ‘ancient lineage” of a classification does not render it legitimate….
Instead, the government must have an interest separate and apart from the
fact of tradition itself. | m******1
发帖数: 19713 | 3 RE
不过，这个新闻今天上午就有人贴过了
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【在 m******8 的大作中提到】
: I really like what this judge said:
: The imposition of subjective moral beliefs of a majority upon
: a minority cannot provide a justification for the legislation.
: The obligation of the Court is ‘to define the liberty of all, not to
: mandate our own moral code.’
: Tradition alone, however, cannot form an adequate justification for a law….
: The ‘ancient lineage” of a classification does not render it legitimate….
: Instead, the government must have an interest separate and apart from the
: fact of tradition itself.
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