BREAKING: Judge Rules DOMA Unconstitutional in Pedersen Case

[William769]

Source: The Advocate

A federal judge in Connecticut has ruled against the Defense of Marriage Act in a challenge brought by married same-sex couples.

Judge Vanessa L. Bryant ruled in the case, Pedersen v. Office of Personnel Management, that the 1996 law violates the Equal Protection Clause found in the Fifth Amendment to the United States Constitution. The plaintiffs are being represented by Gay and Lesbian Advocates and Defenders, while the House Republican-controlled Bipartisan Legal Advisory Group has intervened to defend DOMA.



Read more: http://www.advocate.com/politics/marriage-equality/2012/07/31/breaking-judge-rules-doma-unconstitutional-pedersen-case

---

I have lost count, but not one case for marriage equality has stood up in the Federal Courts. Hopefully this is a good sign of things to come in the U.S. Supreme Court.

So far DOMA has been found to violate the 5th and 14th Amendments.

[closeupready]

1. Great news!

K&R

[Iggo]

2. This makes the bigots oh-for-howmany now?

I mean come on, man!

[NYC Liberal]

3. Some here will no doubt disagree but I think SCOTUS will overturn it.

Yes, Tony, Thomas, and Scalito will no doubt vote to uphold it.

I think either Roberts or Kennedy will vote to overturn it - or even possibly both. It could be 6-3 or 5-4.

Uphold: Scalia, Thomas, Alito
Overturn: Ginsburg, Kagen, Sotomayor, Breyer, Roberts and/or Kennedy

[muriel_volestrangler]

5. Kennedy leans libertarian - I think he'd be more likely to overturn DOMA

He tends to go with "allow individuals to ..." rulings. I think it'd be more surprising to see Roberts overturn it.

[NYC Liberal]

8. Yeah that's what I was thinking too.

I don't know how likely it is, but I could imagine Roberts overturning it. Might not happen but still within the realm of possibility.

[SoapBox]

4. If and when...

it goes to the Supreme Court...

that will be when my nerves will really be on edge. With the 5 Radicalized Activists, it's so hard to tell what would happen...just look at the crap that Crazy Scalia was blowing out this past Sunday on ClusterFuxs.

[truedelphi]

9. Maybe every single person in the LGBT crowd should join in & form a massive

Tax shelter, er, business, and once incorporated, I am sure they will find the judges on SC will rule in their favor. SCOTUS always loves themselves those Big Corporations!

However, SCOTUS vs. individuals asking that their civil rights be upheld, not so much.

[patrice]

6. K&R and Shared.

[idwiyo]

7. K&R Long time overdue

[Zoeisright]

10. Well of course it's unconstitutional.

Anyone with any knowledge of the law knows that.

[MNBrewer]

11. Too bad Paul Wellstone voted for it.

and died before he was able to make up for that moral failing.

[gauguin57]

12. Put that in your chicken fryer and cook it, Chick-Fil-A!

I've heard there may be another DOMA Section 3 case being heard in the next few months in the federal judicial district that includes Philly. So there may be another strike-down -- in Pennsylvania? PA is one of the only states in the Northeast that has passed no partnership rights for same-sex couples -- no civil unions, no partners benefits (unless individual companies approve them), no marriage, no nothing.

It's getting embarrassing. And it's horrible for the same-sex couples who live in the Keystone State, while states all around it are granting gays the rights of recognized partnership and marriage.

[William769]

13. UPDATE.

In a blockbuster 104-page opinion, a Connecticut federal judge appointed by George W. Bush dealt another blow to the Defense of Marriage Act being defended by House Republicans.

“Judge Bryant’s ruling is very clear: married people are married and should be treated as such by the federal government. There is no legitimate basis for DOMA’s broad disrespect of the marriages of same-sex couples,” said Mary L. Bonauto, GLAD’s Civil Rights Project Director, in a statement. “We are very pleased that the Court recognized that DOMA’s creation of second-class marriages harms our clients who simply seek the same opportunities to care and provide for each other and for their children that other families enjoy.”

Earlier this month, Judge Bryant cited the “public interest” in denying a request from BLAG to halt proceedings in the Pedersen case. The House Republicans argued that similar issues were under consideration in the case, Windsor v. United States. A federal judge in New York ruled DOMA unconstitutional in that case last month. Windsor is now on an expedited appeal schedule in the Second Circuit, and the plaintiff has also asked the Supreme Court to hear the case.

The Pedersen case, filed in November 2010, includes lead plaintiffs Joanne Pedersen and her spouse, Ann Meitzen. Pedersen, a federal retiree, is not allowed to cover Meitzen on her half insurance, which results in her spouse having to use more than 50% of her Social Security benefits to pay for her own health care benefits.

The grandmothers celebrated what the decision could mean for their lives and other same-sex couples during a conference call with reporters.

http://www.advocate.com/politics/marriage-equality/2012/07/31/breaking-judge-rules-doma-unconstitutional-pedersen-case

[Tx4obama]

14. Kick! n/t