Tuesday, March 03, 2009

Something for the Law Geeks...

THIS is ultimately what's going to kill the homophobic anti-marriage equality movement.

GLAD challenges federal DOMA
by Ethan Jacobs
associate editor
Tuesday Mar 3, 2009
GLAD plans to file suit March 3 in the Federal District Court of Massachusetts, challenging provisions in section three of DOMA that bar the federal government from granting certain protections to legally married same-sex couples.

"Our legal argument is that [the portions of section three targeted in the lawsuit are] a violation of our federal government’s guarantee to treat citizens equally by refusing to recognize the marriages only of same-sex couples, and that principle of equality should apply in other contexts if we’re successful," said Wu.

In a nutshell, the plaintiffs will be challenging the Federal Defense Of Marriage Act on the grounds that while their marriages are legal in Massachusetts, the Federal law blocks their rights to government benefits because DOMA deprives them of equal protection under the laws.

At last! I've been ranting about this issue for years. No matter how badly the marriage equality movement wants majority support, it's not going to come via the ballot box.

1. It's got to be through the court system, the same way Brown v. Board of Education was necessary to free up the logjam when it came to civil rights on the basis of race.

2. It can't be done on a state-by-state level. True equality has to come through the Federal legal system.

My only concern is that by the time the case makes its way to the U.S. Supreme Court, will President Obama have had enough time to appoint truly progressive justices to hear the case?

Watch this one.

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