Monday, March 4, 2013

DOMA buyer's remorse: five senators who voted for the Defense of Marriage Act in 1996 and their brief urging the Supreme Court to strike their law down

Chris Geidner of Buzzfeed Politics reports that former Senators Bill Bradley, Tom Daschle, Christopher Dodd and Alan Simpson — who all voted for DOMA in 1996 — told the Supreme Court Friday that "the original justifications for DOMA can no longer be credited today," concluding that "our constitutional commitment to equality does not tolerate such discrimination."
     Here's an excerpt from the argument urging SCOTUS to invalidate the federal prohibition on recognizing the state-sanctioned marriages of same-sex couples:

DOMA is an especially poor candidate for any claim of deference to the constitutional judgment of the political branches. It was enacted hastily, with little independent consideration of its constitutionality, against the backdrop of a constitutional jurisprudence this Court has since abandoned. It was premised in large part on fears that subsequent experience has proven unfounded. And it effects a discrimination that we now have come to recognize as incompatible with our constitutional commitment to equal treatment under the law.

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