I was trying to come up with a snappy title for this posting on the U.S. Attorney General's announcement that the Obama Administration would no longer defend the Defense of Marriage Act in court. I was reminded about the old joke about the dispute between the Christian and the Buddhist, with the former complaining that "your karma ran over my dogma." Because the Holder DOMA Memo, as I have now dubbed it, is filled with sly, ironic humor, as shall soon be shortly revealed, I thought it only fitting to add some humor of my own.
As I explained yesterday, the Obama Administration's view of DOMA is that it should be subject to "heightened judicial scrutiny" under the equal protection concept embodied in the Fifth Amendment. Under the highest form of judicial scrutiny, known as "strict scrutiny," laws are usually found unconstitutional unless they have a really compelling reason.
Why does the Obama Administration think that DOMA should be subject to the stricter judicial scrutiny, thus making them unconstitutional?
Because of ENDA, among other things. Remember ENDA?
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