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View Diary: US Supreme Court to DC Bigots: "NO!" w/ Updates (152 comments)

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  •  Many courts have found a rational basis (5+ / 0-)

    for certain types of discrimination against gays.  E.g., New York's highest court held that there was a rational basis for limiting marriage to opposite-sex individuals in Hardwick.

    And, of course, DADT has been upheld multiple times by appellate courts, and the one time (except for LCR) that it was not upheld, in Witt, the court concluded that a rational basis was not a sufficient reason for discrimination (implying that if it were, it would have been okay).

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