BREAKING: Bush Appointee Finds DOMA Unconstitutional

[jaxx]

BREAKING: Bush Appointee Finds DOMA Unconstitutional | Moments ago, Judge Jeffery White of the District Court for the Northern District of California ruled that the Defense of Marriage Act (DOMA) violates the Constitution’s equal protection clause in a case brought by Karen Golinski. Golinski, represented by Lambda Legal, “was denied spousal health benefits by her employer, the U.S. Ninth Circuit Court of Appeals in San Francisco.” White was appointed to the court by President George W. Bush in 2002. The decision represents a serious setback for House Speaker John Boehner (R-OH), whose Bipartisan Legal Advisory Group (BLAG) defended DOMA after the Obama administration announced it would no longer defend the law. Read the full opinion here. (HT: GinnyLaRoe)

Update

The Court rebuked Congress for BLAG’s argument that caution should be taken with issues that can be socially divisive:

Here, too, this Court finds that Congress cannot, like an ostrich, merely bury its head in the sand and wait for danger to pass, especially at the risk of permitting continued constitutional injury upon legally married couples. The fact that the issue is socially divisive does nothing to relieve the judiciary of its obligation to examine the constitutionality of the discriminating classifications in the law.

http://thinkprogress.org/lgbt/2012/02/22...itutional/

Great news! And the congress deserves to be slammed.

[PoliticalTiger]

I can hear it now: "ACTIVIST JUDGE!! ACTIVIST JUDGE! WAAAAAAAA!!"

The cons will ignore the fact that it was a W appointee, and I would not be surprised is Santorum says 'the devil made him do it!'

[Treestar]

Cue right wing angst!