Skip to main content

This is the end of our winning streak in federal court since Windsor.

Judge Martin Feldman, appointed by President Reagan, decided that the laws don't violate the Due Process and Equal Protection Clauses.

In his opinion, he includes much material that could lead to a legitimate case being made that it was a political decision, not a judicial/constitutional one. He describes being gay as a "lifestyle choice[]," and also mentions marriages between "aunt and niece", "aunt and nephew", "father and child" and polygamous marriages.

He also misidentifies heightened scrutiny as the most difficult burden of proof that a law could be required to meet, when of course, that's strict scrutiny.

He also relies on Justice Roberts' dissenting opinion in Windsor four separate times, which is stupid because, well, it's a dissenting opinion. It's not the majority opinion of the court, and not binding precedent. Had he actually followed the precedent of the Supreme Court, maybe he would have ruled differently.

Finally, he argues that interracial marriage bans are different to same-sex marriage bans because "the Fourteenth Amendment explicitly condemns racial discrimination as a constitutional evil." This is not true. The Fourteenth Amendment bans denying equal protection of the laws to any person, not to any person because of their race. Any discrimination, even if it is not racial, should be intensely scrutinized.

So to me, it appears that Judge Feldman was looking to uphold these laws no matter what. The ruling is disappointing, of course, but I don't think it's that big a deal. I don't think we could reasonably expect that there would never be one single federal judge who would rule against us.We still have had over 20 wins in federal courts in a row since Windsor. The judicial weight of this issue still lies firmly with us.

Originally posted to Kossacks for Marriage Equality on Wed Sep 03, 2014 at 02:06 PM PDT.

Also republished by Louisiana Kossacks.

Your Email has been sent.
You must add at least one tag to this diary before publishing it.

Add keywords that describe this diary. Separate multiple keywords with commas.
Tagging tips - Search For Tags - Browse For Tags


More Tagging tips:

A tag is a way to search for this diary. If someone is searching for "Barack Obama," is this a diary they'd be trying to find?

Use a person's full name, without any title. Senator Obama may become President Obama, and Michelle Obama might run for office.

If your diary covers an election or elected official, use election tags, which are generally the state abbreviation followed by the office. CA-01 is the first district House seat. CA-Sen covers both senate races. NY-GOV covers the New York governor's race.

Tags do not compound: that is, "education reform" is a completely different tag from "education". A tag like "reform" alone is probably not meaningful.

Consider if one or more of these tags fits your diary: Civil Rights, Community, Congress, Culture, Economy, Education, Elections, Energy, Environment, Health Care, International, Labor, Law, Media, Meta, National Security, Science, Transportation, or White House. If your diary is specific to a state, consider adding the state (California, Texas, etc). Keep in mind, though, that there are many wonderful and important diaries that don't fit in any of these tags. Don't worry if yours doesn't.

You can add a private note to this diary when hotlisting it:
Are you sure you want to remove this diary from your hotlist?
Are you sure you want to remove your recommendation? You can only recommend a diary once, so you will not be able to re-recommend it afterwards.
Rescue this diary, and add a note:
Are you sure you want to remove this diary from Rescue?
Choose where to republish this diary. The diary will be added to the queue for that group. Publish it from the queue to make it appear.

You must be a member of a group to use this feature.

Add a quick update to your diary without changing the diary itself:
Are you sure you want to remove this diary?
(The diary will be removed from the site and returned to your drafts for further editing.)
(The diary will be removed.)
Are you sure you want to save these changes to the published diary?

Comment Preferences

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site