A Too-Rare Victory

A Too-Rare Victory

by
Abby Zimet

The ruling in Boston striking down a 1996
federal law defining marriage as a union between a man and a woman is a
much-needed boost for the same-sex marriage cause, not least by its reasoning - essentially, that you can't pass
a law against something just because you don't like it. Appeals will
inevitably follow; stay tuned.

"This court is soundly convinced that the
government's proffered rationales...are without 'footing in the
realities of the subject...And when the proffered
rationales for a law are clearly and manifestly implausible, a reviewing
court may infer that animus is the only explicable basis. [Because]
animus alone cannot constitute a legitimate government interest, this
court finds that DOMA lacks a rational basis to support it." - Judge
Joseph Tauro

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