Written by Don Byrd
The 1st Circuit Court of Appeals yesterday ruled unconstitutional the Defense of Marriage Act, a measure signed into law by President Clinton that defines marriage as between one man and one woman. Ruling the law denies equal protection to homosexual Americans without sufficient justification. In on section, the court notes that moral concerns alone do not provide that justification.
For generations, moral disapproval has been taken as an adequate basis for legislation, although usually in choices made by state legislators to whom general police power is entrusted. But, speaking directly of same-sex preferences, Lawrence ruled that moral disapproval alone cannot justify legislation discriminating on this basis. Moral judgments can hardly be avoided in legislation, but Lawrence and Romer have undercut this basis.
The Court stayed implementation of the ruling until the Supreme Court has a chance to hear the unique question.
