Another step in the inevitable move to national marriage equality
That’s about the only way to describe yesterday’s decision (authored by a conservative judge named Dennis Jacobs) from the U.S. Court of Appeals for the Second Circuit striking down the so-called “Defense of Marriage Act.”
As Ian Millhiser of the Center for American Progress wrote:
This is a really big deal. Jacobs is not simply saying that DOMA imposes unique and unconstitutional burdens on gay couples, he is saying that any attempt by government to discriminate against gay people must have an “exceedingly persuasive” justification. This is the same very skeptical standard afforded to laws that discriminate against women. If Jacobs’ reasoning is adopted by the Supreme Court, it will be a sweeping victory for gay rights, likely causing state discrimination on the basis of sexual orientation to be virtually eliminated. And the fact that this decision came from such a conservative judge makes it all the more likely that DOMA will ultimately be struck down by the Supreme Court.
Let’s hope defenders of equality keep raising heck until this dream becomes a reality.