BK Court Finds Federal DOMA Constitutional

And of all courts, it's a 9th Circuit BK Court. You can bet this puppy is going to be appealed by the anti-family-ites.

Having concluded that DOMA does not require heightened scrutiny because it neither impairs a fundamental right to marry nor discriminates on the basis of sex (in that it applies equally to both sexes), Judge Snyder then addressed whether the law is supported by a rational basis. In finding that it was, Judge Snyder exercised an old-fashioned form of judicial restraint — trusting the legislature's motives. In enacting DOMA, both Congress and President Clinton sought to protect and encourage the role of a traditional family in procreation and child rearing. As President Clinton remarked at the time, "marriage is an institution between a man and a woman, that among other things, is used to bring children into the world." DOMA, Judge Snyder concluded, is reasonably related to that legitimate goal, whether or not it is a perfect fit. Unlike the decisions of Massachusetts's highest court, his opinion is not marked by the second-guessing of legislative reasoning that has become common in the recent trend of judge-made law.