Andrew Koppelman, a well-established academic on lesbian and gay legal issues, writes at Balkinization about the GLAD lawsuit to strike down Section 3 of DOMA:
Since 1996, when DOMA was passed by overwhelming margins in both houses of Congress, the country’s attitudes toward gay people has evolved rapidly, to the point where this kind of mindless lashing out at gays looks a lot less attractive. In 1996, otherwise reasonable people thought it a pointless waste of taxpayer dollars to look after the basic needs of gay couples and their families. That callousness no longer looks so rational, and increasing numbers are ready to recognize gay relationships. The burden of proof now lies on those who want to defend this discrimination, and it is very hard to articulate a basis for this discrimination that makes sense. That’s the ultimate reason why DOMA is doomed.
My earlier post on the suit can be found here and on one of the defendants, the newly named openly gay head of the Office of Personnel Management, can be found here.
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