US District Court Judge Jeffrey White has ruled that part of the Defense of Marriage Act is unconstitutional. Judge White sits in San Francisco was, and was appointed to the bench by George W. Bush. The case centers around Karen Golinski and her request to have her wife covered by spousal benefits. White stated that the law could not pass the “heightened scrutiny” test or even the “rational basis” test.
White wrote “The imposition of subjective moral beliefs of a majority upon a minority cannot provide a justification for the legislation. The obligation of the Court is ‘to define the liberty of all, not to mandate our own moral code.’ Tradition alone, however, cannot form an adequate justification for a law….The ‘ancient lineage” of a classification does not render it legitimate….Instead, the government must have an interest separate and apart from the fact of tradition itself.”
This is one of the cases that House Speaker John Boehner hired Paul Clement to defend.
This is a big bit of news given that DOMA is, according to several lawyers and a number of laymen, definitely unconstitutional.