Quote from the Department of Justice brief regarding DOMA.
"Because DOMA does not restrict any rights that have been recognized as fundamental or rely on any suspect classifications, it need not be reviewed with heightened scrutiny. Properly understood, the right at issue in this case is not a right to marry. After all, the federal government does not, either through DOMA or any other federal statute, issue marriage licenses or determine the standards for who may or may not get married. Indeed, as noted above — and as evidenced by the fact that plaintiffs have married in California — DOMA in no way prohibits same-sex couples from marrying. Instead, the only right at issue in this case is a right to receive certain benefits on the basis of a same-sex marriage. No court has ever found such a right to federal benefits on that basis to be fundamental — in fact, all of the courts that have considered the question have rejected such a claim. (And even if the right at issue in this case were the right to same-sex marriage, current Supreme Court precedent that binds this Court does not recognize such a right under the Constitution.) Likewise, DOMA does not discriminate, or permit the States to discriminate, on the basis of a suspect classification; indeed, the Ninth Circuit has held that sexual orientation is not a suspect classification."
So yeah, federal government does not "determine the standards for who may or may not get married." but it does determine what type of marriage it would accept. So what's really so different between setting standards of marriage vs. being selective in recognize marriage?..... not much different really.
The end of the quote pretty much say gay people cannot be discriminate against, sexual orientation is not a basis for discrimination.
Other part of the Court briefing I can accept and understand the technicality that they are citing but this part..... this part just make me want to punch my monitor. Is this really a statement from the current Administration? Cuz it sound awefully just like the last regime we were in.
Current Mood: 
a lot