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The Justice Department’s arguments against Section 3 of DOMA Single wants hot sex Kearney Nebraska February 25, By Thomaston Last Friday, we reported that the United States Department of Justice filed its brief on the merits in United States v. Windsor, Windsor’s constitutional challenge to Section 3 of the Defense of Marriage Act. The government strongly rejects the rationalizations for enacting DOMA, after making its case that the Court should review the law under a heightened form of judicial scrutiny because it classifies people on the basis of sexual orientation. A classification on that basis is rarely necessary, they write, so it should be viewed with much suspicion. As they have done in the lower courts since , the DOJ’s brief lays out the factors the Court considers in deciding whether a classification is suspect (a history of discrimination, relative political powerlessness, immutability, a lack of a relationship between the classification and any relevant factors) and conclude that heightened scrutiny should be applied. Most importantly, the Justice Department admits before the Court that “gay and lesbian people have suffered a significant history of discrimination in this country , ” and that “ t he federal government, state and local governments, and private parties all have contributed to a regrettable history of discrimination against and lesbian people in a variety of contexts . ” They cite employment discrimination and discrimination in immigration proceedings, as well as involvement in raiding establishments, and some other things. In its brief, BLAG had suggested that discrimination against gays and lesbians is different because that discrimination has not gone on for longer than human history has been recorded. The Justice Department responds to that by saying: FULL STORY: Dannie

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