Ed Brayton over at Dispatches has the full story, so I’m not going to spend much time on this here, but I did want to point it out. First, a bit from Ed:
Yet another federal judge, this time a George W. Bush appointee, has struck down the Defense of Marriage Act as unconstitutional. And once again, the judge ruled that the law could not even survive the lowest level of scrutiny, the rational basis test, which usually all but guarantees that a law will be upheld. You can read the full ruling here.
And the money shot from the ruling:
Having considered all four factors, this Court finds that homosexuals display all the traditional indicia of suspectness and therefore statutory classifications based on sexual orientation are entitled to a heightened form of judicial scrutiny. However, the Court need not apply a form of heightened scrutiny in the instant case to conclude that DOMA violates the promise of the equal protection as it is clear that DOMA fails to pass constitutional muster under even the most deferential level of judicial scrutiny.
I can hear the conservative’s knickers twisting as I type.