Beyond Thunder DOMA
And the inevitable Supreme Court case on the federal Defense Of Marriage Act got one step closer today as a three-judge panel on the First Circuit just declared the law unconstitutional.
A three judge panel of The United States Court of Appeals for the First Circuit just handed down a decision declaring the anti-gay Defense of Marriage Act unconstitutional. Notably, the panel included Judges Juan Torruella and Michael Boudin, both of whom are Republican appointees. Judge Boudin, who authored the opinion, is one of the most highly regarded judges in the country; he frequently sends his former law clerks to clerk for Supreme Court justices.
Here’s the money quote from the ruling linked above (PDF, emphasis mine):
For 150 years, this desire to maintain tradition would alone have been justification enough for almost any statute. This judicial deference has a distinguished lineage, including suchfigures as Justice Holmes, the second Justice Harlan, and Judges Learned Hand and Henry Friendly. But Supreme Court decisions in the last fifty years call for closer scrutiny of government action touching upon minority group interests and of federal action in areas of traditional state concern.