A lawsuit recently filed at the 9th Circuit’s US Federal District Court for the Central District of California in Los Angeles (where else?) challenged the DOMA. The Center for Human Rights and Constitutional Law filed the Arenas, et al. v. Napolitano, et al., (Case No. SACV12-1137-JVS(MLGx) case that is now seeking class action status in order to interdict and eschew the many malevolent dictates that the DOMA imposes on our Constitution.
This may just be the type of action that was needed in order for this abomination of a law to be shown for what it really is: a senseless discriminatory act justified only by the self-righteous moral convictions of certain groups. Discrimination is never a reasonable act in the application or abrogation of a group of people’s civil rights. It is quite simply abhorrent any way we look at it. Discrimination is anathema to our Constitution. That is why the sister States ratified the 14th Amendment to the US Constitution, among other reasons. In the end, those who fight for the civil rights of all always prevail because it is just the right thing to do. There is no reason why some groups should have more rights than others in a country that unabashedly declares that “all men [includes women] are created equal.” Either you believe it or you don’t.
I for one would have preferred it if this law had never been enacted at all. I am all the more appalled that it was signed into law by a lawyer of all people! This is because a simple scan of the Equal Protection Clause of the 14th Amendment would have revealed it to be unconstitutional; I don’t care any way you nuance it, it has been, is and shall always remain unconstitutional. President Clinton should never have signed this abomination no matter what deal he had to make to move his agenda forward in Congress. It was not only dumb, but also regressive in terms of all the gains in Civil Rights that had been acquired up to then.
The only saving grace here is that the US Supreme Court (SCOTUS) [comprised of lawyers], the guarantor of our Constitution will get to lay this beast to rest. It is SCOTUS’ rightful duty to administer the final blow to the DOMA. I don’t know if you have heard, but the SCOTUS is on its way to reclaiming its full credibility with Chief Justice Roberts at the helm. As a lawyer, I can only be proud with what I perceive as an attempt to return to impartiality by the SCOTUS with the Affordable Care Act decision.
It does not hurt either that another lawyer, here President Obama, militates for the gutting of this law. I guess lawyers can, as I always believed, affect this country for the good after all. It is time for the DOMA to go. It has to go. Period!
Aime M. Katambwe, Esq. 7/15/2012
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