Bryant, in a case brought by Gay & Lesbian Advocates & Defenders, follows several other federal judges over the past two years to have reached the same conclusion. Federal judges in Massachusetts, California — in two different courts — and New York also have found DOMA's provision defining "marriage" and "spouse" as only being unions of one man and one woman in all federal laws unconstitutional, as well as one federal appeals court.Bush appointees are ruling DOMA unconstitutional. Those dominoes, they are falling fast.
Bryant — appointed to the bench by President George W. Bush on April 2, 2007 — found that laws that classify people based on sexual orientation should be subject to heightened scrutiny by courts — as the Department of Justice and plaintiffs argued in the case — but found the provision of the 1996 law unconstitutional "even under the most deferential level of judicial scrutiny."
[H/T to Shaker GoldFishy.]
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