Activist judge! Activist Republican judge!

This afternoon, Bush appointee Judge Jeffrey White (Northern District of California) struck down DOMA as unconstitutional under the equal protection clause.


Noting that neither the Ninth Circuit nor the Supreme Court has determined what level of scrutiny should apply, the court determined that heightened scrutiny should apply to classifications based on sexual orientation…

Angry Black Lady [who you all should be reading] goes on to point out that this ruling, and the rulings on other DOMA-related cases we’re seeing, are a direct result of the Obama administration’s decision not to defend DOMA. Obama may not have done everything we all want him to do yet, but he’s definitely done significant things to contribute to full LGBT equality.