Monday, June 13, 2011

DOMA Said to be Unconstitutional by US Bankruptcy Court

The ruling earlier today in a California bankruptcy case has lead to an interesting development concerning the constitutionality of DOMA... One more nail maybe?

The conclusion of the ruling starts as follows:
The Debtors have demonstrated that DOMA violates their equal protection rights afforded under the Fifth Amendment of the United States Constitution, either under heightened scrutiny or under rational basis review. Debtors also have demonstrated that there is no valid governmental basis for DOMA. In the end, the court finds that DOMA violates the equal protection rights of the Debtors as recognized under the due process clause of the Fifth Amendment...

Good news for sure!

DOMA Memorandum of Decision

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