[sudo-discuss] DOMA ruling language: Re: DOMA + Prop 8 overthrown

[GtwoG PublicOhOne]

Equal rights, and justice!  And a first step toward more to come. 

>From the USSC ruling:

--- quotes ---

Held:

1. This Court has jurisdiction to consider the merits of the case...

2. DOMA is unconstitutional as a deprivation of the equal liberty of
persons that is protected by the Fifth Amendment...

(a) By history and tradition the definition and regulation of marriage
has been treated as being within the authority and realm of the separate
States...

(b) By seeking to injure the very class New York seeks to protect, DOMA
violates basic due process and equal protection principles applicable to
the Federal Government...

http://www.supremecourt.gov/opinions/12pdf/12-307_g2bh.pdf

--- end quotes ---


Very interesting:  "protected class" language.

What I find particularly interesting is that this ruling frequently
refers to "the class New York seeks to protect" and similar language.

The term "protected class," has specific meanings and implications in
civil rights law:  it refers to a group of persons whose rights are
specifically protected by anti-discrimination laws. 

For example any racial/ethnic minority that has been subjected to
discrimination or deliberate disadvantage under the law or public
policy, or by threats and coercion having substantially the same effect
of denying rights under law (such as by KKK intimidation of black
voters).  Women are a protected class via laws and court rulings about
gender discrimination.  Persons with disabilities are a protected class
via the ADA and court rulings. 

Federal law recognizes race, religion, gender, age, and disability as
protected classes.  State laws in some states extend protected class
status to gay, bi, lesbian, and (more rarely) transgender persons. 

The Court's ruling did not establish LGBT persons as a federal protected
class.  However what it did, was acknowledge that certain states, New
York by name and others by logical inclusion, have established LGBT
persons as a protected class. 

In my (non-lawyer, layperson's) opinion, this wording is important because:

a) it recognizes the right of states to establish protected class status
for LGBT persons, and,

b) in doing so, it sets out the first step on a trail that can be used
to establish protected class status for LGBT persons on a federal basis,
nationwide. 

----

I gotta' scoot off to a work appointment, be back later.  I've got a
work-stack with deadlines, so I might or might not make it to SR
tonight.  Laters....

-G.




On 13-06-26-Wed 8:28 AM, Romy Ilano wrote:
> man, that is so awesome! =D
>
>
> _______________________________________________
> sudo-discuss mailing list
> sudo-discuss at lists.sudoroom.org
> http://lists.sudoroom.org/listinfo/sudo-discuss

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://sudoroom.org/pipermail/sudo-discuss/attachments/20130626/25211461/attachment.html>