Rational Nation USA
Liberty -vs- Tyranny
As a supporter of equal rights the decision by a New York Appeals court striking down DOMA, the second court in the nation to do so, is welcome news. Especially satisfying is that Dennis Jacobs, a conservative judge in New York wrote the following; "Homosexuals are not in a position to adequately protect themselves from the discriminatory wishes of the majoritarian public." Judge Jacobs statement, in a nutshell defines one of the greatest dangers inherent in a true democracy, something progressives advocate regularly. Rule by the majority can, and often does, create a sort of tyranny for the minority. Such is the case with DOMA.
New York (CNN) - A federal appeals court in New York became the nation's second to strike down the Defense of Marriage Act, finding that the Clinton-era law's denial of federal benefits to married same-sex couples is unconstitutional.
The divisive act, which was passed in 1996, bars federal recognition of such marriages and says other states cannot be forced to recognize them.
The 2nd U.S. Circuit Court of Appeals determined Thursday that the federal law violates the Constitution's equal protection clause, ruling in favor of a widow named Edith Windsor, an 82-year-old lesbian who sued the federal government for charging her more than $363,000 in estate taxes after being denied the benefit of spousal deductions.
"What I'm feeling is elated," said Windsor. "Did I ever think it could come to be, altogether? ... Not a chance in hell."
The case centered on the money Windsor wanted back, but raised the more looming question of whether the federal government can continue to ignore a state's recognition of her marriage and financially penalize her as a result.
"Homosexuals are not in a position to adequately protect themselves from the discriminatory wishes of the majoritarian public," wrote Dennis Jacobs, a conservative judge in New York.
A federal appeals court in Boston made a similar ruling in May, but the moves are considered largely symbolic as the issue is expected to eventually be taken up by the U.S. Supreme Court.
Man tells senators: Defense of Marriage Act cost me my home
"This court has a limited jurisdiction," CNN legal analyst Paul Callan said. "But this is a very favorable decision for those who believe that the Defense of Marriage (Act) unconstitutionally discriminates against same-sex couples."
Those who back striking down the law "believe this decision will give them a very strong position arguing before the U.S. Supreme Court in the future," he said.
New York Gov. Andrew Cuomo also weighed in on the three-judge-panel's decision, saying it "provides further momentum for national progress on this important civil rights issue." {Read More}
Seeing the courts uphold the principle of individual civil rights over that of majoritarian rights is indeed a very good thing for for us all.
Via: Memeorandum
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