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"As irrational prejudice plainly never constitutes a legitimate government interest..." WOOHOOO!

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Beetwasher Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-08-10 04:53 PM
Original message
"As irrational prejudice plainly never constitutes a legitimate government interest..." WOOHOOO!
Edited on Thu Jul-08-10 04:57 PM by Beetwasher
Man, that's some good friggin' smackdown!

"In the wake of DOMA, it is only sexual orientation that differentiates a married couple entitled to federal marriage-based benefits from one not so entitled. And this court can conceive of no way in which such a difference might be relevant to the provision of the benefits at issue. By premising eligibility for these benefits on marital status in the first instance, the federal government signals to this court that the relevant distinction to be drawn is between married individuals and unmarried individuals. To further divide the class of married individuals into those with spouses of the same sex and those with spouses of the opposite sex is to create a distinction without meaning. And where, as here, "there is no reason to believe that the disadvantaged class is different, in relevant respects" from a similarly situated class, this court may conclude that it is only irrational prejudice that motivates the challenged classification. As irrational prejudice plainly never constitutes a legitimate government interest, this court must hold that Section 3 of DOMA as applied to Plaintiffs violates the equal protection principles embodied in the Fifth Amendment to the United States Constitution."

:woohoo:

The full, glorious (fabulous?;)) decision is here:

http://www.glad.org/uploads/docs/cases/2010-07-08-gill-district-court-decision.pdf

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Lindsay Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-08-10 05:08 PM
Response to Original message
1. Too long for a bumper sticker...
I need to put that on a t-shirt.

Irrational prejudice plainly never constitutes a legitimate government interest
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jonnyblitz Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-08-10 05:12 PM
Response to Original message
2. K & R! thanks for posting this , beetwasher. nt
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gratuitous Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-08-10 05:17 PM
Response to Original message
3. Gee whiz, if you can't legislate bigotry, it'll just go underground
And that could be a whole lot worse. I'm not sure how, and it could even lead to the extinction of such bigotry, but there could be very bad, unforeseeable ramifications if a whole segment of society (individuals prejudiced against homosexuals) is denied legitimacy. Won't someone think of the bigots? America is being brought to its knees by these activist judges*!

*And yes, even though you and I know that Judge Tauro was appointed by that well-known liberal Richard Nixon, it won't stop the Nincompoop Brigade from painting him as a librul activist.
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Chulanowa Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-08-10 05:58 PM
Response to Reply #3
4. Frankly by today's standards, Nixon WAS a liberal
Or at the very worst, a moderate center-right.

I'm going to hope you were being sarcastic with your initial bit though :)
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gratuitous Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-08-10 06:22 PM
Response to Reply #4
5. Sarcastic? Moi?
When the Onion can't even do satire anymore (because reality is outstripping the possibility for satire), we're living in a tough, tough world.
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