The Demise Of DOMA

On Wednesday a federal district court judge in California found that Section 3 of the Defense of Marriage Act, the part that defines marriage as between a man and a woman, to be in violation of the Fifth Amendment's equal protection clause.

Judge Jeffrey S. White, a Bush 41 appointee, was ruthless in his dismissal of the law's disregard for the Constitution.

The Court concludes that, based on the justifications proffered by Congress for its passage of DOMA, the statute fails to satisfy heightened scrutiny and is unconstitutional as applied to Ms. Golinski.

Although the Court finds that DOMA is subject to and fails to satisfy heightened scrutiny, it notes that numerous courts have found that the statute fails even rational basis review.

Failure on a rational basis level is legalese for "Epic Fail" people.  This one's going upstairs, along with last year's ruling. as well.

We'll see how it goes.