Ed Team

DOMA Unconstitutional Again

Filed By Ed Team | June 07, 2012 8:00 AM | comments

Filed in: Quote of the Day
Tags: DOMA, Edie Windsor, estate tax, Judge Barbara Jones, Thea Spyer, Unconstitutional

"Regardless whether a more 'searching' form of rational basis scrutiny is required where a classification burdens homosexuals as a class and the states' prerogatives are concerned, at a minimum this court "must insist on knowing the relation between the classification adopted and the object to be attained. The search for the link between classification and objective gives substance to the equal protection analysis. Additionally, as has always been required under the rational basis test, irrespective of the context, the court must consider whether the government's asserted interests are legitimate. Pursuant to those established principles, and mindful of the Supreme Court's jurisprudential cues, the court finds that DOMA's section 3 does not pass constitutional muster."

-- U.S. District Court Judge Barbara Jones in her decision yesterday stating that DOMA is unconstitutional under rational basis. The case revolved around Edie Windsor, a widow, who had to pay estate taxes after her wife, Thea Spyer, passed away. Had Winsor been married to a man, this would not be the case.

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