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Another Pro-Gay Marriage Ruling From A Federal Judge

July 31, 2012

There was yet another case where a ruling from a federal judge regarding attempts to deny gay people the right to marry.  Keep in mind that every federal ruling has stated there is no legal avenue to discriminate, or treat gay people as second-class citizens.

A federal judge in Connecticut has ruled that part of a federal law that defines marriage as between a man and a woman and denies federal benefits to married gay couples is unconstitutional.

U.S. District Judge Vanessa L. Bryant in Hartford ruled Tuesday that the provision in the 1996 Defense of Marriage Act violates the Fifth Amendment right to equal protection.

In her decision in the case, Pedersen v. Office of Personnel Management, Bryant found:

Having considered all four factors, this Court finds 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. However, the Court need not apply a form of heightened scrutiny in the instant case to conclude that DOMA violates the promise of the equal protection as it is clear that DOMA fails to pass constitutional muster under even the most deferential level of judicial scrutiny.

She later concluded:

In sum, having considered the purported rational bases proffered by both BLAG and Congress and concluded that such objectives bear no rational relationship to Section 3 of DOMA as a legislative scheme, the Court finds that no conceivable rational basis exists for the provision. The provision therefore violates the equal protection principles incorporated in the Fifth Amendment to the United States Constitution.

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