Beliefnet
Religion & Public Life With Mark Silk

U.S. District Judge Joseph Tauro’s peroration in Gill v. Personnel Management:

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.149 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.

Plaintiffs sued for federal marriage-based benefits, and a federal judge says they’re entitled to them. I presume the Obama Justice Department will appeal, but imagine if it didn’t…

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