The U.S. First Circuit Court of Appeals in Boston is hearing a case to determine the constitutionality of the Defense of Marriage Act. President Obama decided his administration would no longer defend the law in court – so House Republicans used taxpayer money to hire a high-priced lawyer to prevent gays and lesbians from having the same rights as straight Americans. The showdown in the First Circuit Court means that the DOMA case will likely head to the Supreme Court next year for a final ruling.
Considering that the high court has been busy stripping rights away from actual people – and giving them to so-called corporate people – champions of human rights should be cautious. Then again – if two corporations asked the Supreme Court for the right to be married – then something tells me the high court would oblige. Then again – courts shouldn't have any power at all to determine whether or not laws are constitutional.
That should be left up to the people and the Congress.
If they strike down the health care law that will be OK, but if they strike this down the conservatives will be screaming about activist judges.
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