After reading the DOMA case from the 2d Circuit Court of Appeals, it appears that the court had to reclassify sexual orientation as a quasi-suspect class warranting intermediate scrutiny in order to rule DOMA as Unconstitutional in violation of the EPC. While there is precedent for reclassification, one factor is the political powerlessness of the class, and the court failed to recognize gays as one of the most politically powerful groups in the country. The parade of sports players having to make public apologies for saying F****t during a game should be proof positive enough of that fact. And in reality, gays are actually less discriminated against than ever before in history, so the reclassification seems rather tardy.
So, given that the 2d Circuit had to basically rewrite prior Constitutional law to expand the coverage of the EPC, how can you say that it is an open and shut case? Surely you cannot believe that DOMA fails rational basis scrutiny?
Longhorn24244 karma
After reading the DOMA case from the 2d Circuit Court of Appeals, it appears that the court had to reclassify sexual orientation as a quasi-suspect class warranting intermediate scrutiny in order to rule DOMA as Unconstitutional in violation of the EPC. While there is precedent for reclassification, one factor is the political powerlessness of the class, and the court failed to recognize gays as one of the most politically powerful groups in the country. The parade of sports players having to make public apologies for saying F****t during a game should be proof positive enough of that fact. And in reality, gays are actually less discriminated against than ever before in history, so the reclassification seems rather tardy.
So, given that the 2d Circuit had to basically rewrite prior Constitutional law to expand the coverage of the EPC, how can you say that it is an open and shut case? Surely you cannot believe that DOMA fails rational basis scrutiny?
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