Sunday, June 03, 2012

NYTimes on DOMA, equal protection and strict scrutiny; Pride kicks off (literally)

The New York Times offers an editorial perspective on the First Circuit’s ruling on DOMA, the first where an Appeals Court has struck down the 1996 law signed by President Clinton.

The NYT says that the opinion (two Republican and one Democratic appointees)  was reached on equal protection grounds, not due process requiring strict scrutiny.

So there is no finding on a constitutional right to marry an adult of one’s choice. There is a holding that the government doesn’t have a credible reason to deny equal protection. Neither “morality” nor “scarce resources” hold water.

So the “fundamental rights” question will probably wind up before the somewhat conservative Supreme Court in the 2012-2013 term.

The link is here

First picture, above: A reprise of "The Black Party".  Still waiting for the film about the event. 

On the Pride Kickball event in the picture above, note that DC JR’s lot is smaller than Fenway Park. 

And the same is true of the Leroy street field in Greenwich Village for gay softball. 

No comments: