Supreme Court to Decide on November 20 Whether It Will Review DOMA’s Constitutionality

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By Kate Paine, Esq.

Unsurprisingly, the Obama Administration is pushing for the Court to review the recent Second Circuit Court of Appeals case, described here, which not only found Section 3 of DOMA unconstitutional but also held that laws that discriminate based on sexual orientation are subject to intermediate (i.e. harsher) scrutiny, rather than the First Circuit Court of Appeals case, which also found Section 3 unconstitutional but only applied rational basis review.

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