"Yesterday, the Obama administration filed a follow-up brief in the Smelt case -- the couple in California challenging DOMA who were the recipients of an imprudently written reply brief back in June. This time, it looks like some liberals in the Justice Department got their hands on a copy of the brief before filing. There are some nice words in there aimed at smoothing hurt feelings."But the brief also argues for a new and dangerous interpretation of the rational basis test.
"The rational basis test is applied by the court to laws that violate the equal protection clause, but do not implicate certain protected groups. In other words, if the law does not discriminate on the basis of race or gender, it will likely be upheld if the government can find any rational reason why the law exists. These reasons can be invented on the spot and are usually not tested very vigorously."
See here for the complete article.
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So, after his disastrous comparison of gay marriage to incest and the marrying off of children, he turns around and says, "Oh—well—gay marriage is just too hard to do anything about! Forget it, then. So what if people are denied their rights? That's just too bad for them, then, isn't it?" And he scoops up his marbles and goes home.
To which my response:
"Voting for Obama is just too hard! Forget it then. I'll find someone else—surely someone doesn't see finally allowing people their rights as too difficult a task for the president to do."
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