Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Tuesday, July 31, 2012

Another Judge Finds DOMA Unconsitutional

In the latest of a series of decisions striking down DOMA, today in Pedersen v. Office of Personnel Management, Judge Vanessa Bryant of the United States District Court for the District of Connecticut found Section 3 of DOMA to violate equal protection.  In her 100-plus page opinion, Judge Bryant, a George W. Bush appointee, conlcudes that "homosexuals display all the traditional indicia of suspectness and therefore statutory classifications based on sexual orientation are entitled to a heightened form of judicial scrutiny."  Even so, she goes on to find that the statute fails to pass muster even under the rational basis standard.   


Powell, Russell | Permalink


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