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texting and emailing friends A district court judge in California has become the third federal judge to declare the Defense of Marriage Act (DOMA), which denies federal benefits to same-sex couples, as unconstitutional. The controversial act, passed in , was deemed to be discriminatory by Judge Wilken, becoming the first to throw her weight against the anti measure since President announced his support for equal marriage. Previously a court in Massachusetts under judge Tauro, and another in California under White had ruled similarly. Both judgments in California are set for appeals. DOMA, in defining marriage as ‘a legal union of one and one woman as husband and wife,’ outlaws federal benefits, most crucially joint tax returns and immigration rights to spouses. This, Judge Wilkens declared, was ‘a burdensome legislation that is the product of sheer anti animus, and devoid of any legitimate governmental purpose,’ according to the San Fransisco Chronicle. The judge also overturned another legislation from which denied same-sex couples federal tax benefits under term health insurance plans. This too, she argued, was based on ‘moral condemnation and social disapprobation of same-sex couples,’ citing congressional transcripts which declared same-sex partnerships as ‘an attack on the family,’ that would ‘undermine the traditional moral values that are the bedrock’ of the US. married same-sex couples have filed another anti-DOMA federal lawsuit in New York, and another a third federal case is being heard regarding the constitutionality of DOMA in Boston. http: // 02745 woman looking for some help
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Fourth Circuit Court of Appeals strikes down Virginia’s “crimes against nature” law March 13, By Thomaston United States Court of Appeals for the Fourth Circuit Yesterday, the Fourth Circuit Court of Appeals issued its 2-1 decision in a case styled MacDonald v. Moose, striking down the state of Virginia’s “crimes against nature” law. Ten years ago in v. Texas, the United States Supreme Court struck down laws like Virginia’s in for violating due process by criminalizing same-sex intimacy. But states kept their laws on the books even after that decision, and some states continued to arrest men and lesbians after the Supreme Court denied them the authority to do so. This case involved a 47 year old and an underage girl, however. He was convicted of “crimes against nature” in. The courts below upheld his conviction, but the Fourth Circuit held that under, the law is invalid: In, the Supreme Court plainly held that statutes criminalizing private acts of consensual sodomy between adults are inconsistent with the protections of assured by the Due Process Clause of the Fourteenth Amendment. In these circumstances, a judicial reformation of the anti-sodomy provision to criminalize MacDonald’s conduct in this case, and to do so in with, requires a drastic action… rewriting the statute The dissenting opinion suggests that the reach of is “not beyond doubt” because it only apply to private consensual activity: In concluding that v. Texas. ( ), invalidated sodomy laws only as applied to private consenting adults, the Court of Appeals did not reach a decision that “was so lacking in justification that there was an error well understood and comprehended in existing law beyond any possibility for fair minded disagreement.” FULL STORY: online dating in austria
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