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SOCIAL CHANGE STARTING IN THE BANKRUPTCY COURT?

Posted by Admin Posted on June 15 2011

Gene Balas and Carlos Morales were married in California on August 20, 2008 while it was legal to do so in California.  2 1/2 years later, they filed a joint petition in Bankruptcy, which the U. S. Trust moved to dismiss the petition under the Defense of Marriage Act (DOMA), which prohibits the federal government from recognizing same sex marriages.  The Bankruptcy Court concluded, in a decision signed by more than 20 Bankruptcy Court judges, that DOMA violates the equal protection rights of Balas and Morales, and struck it down.

The decision references the Justice Departments February, 2011 announcement that the administration consideres DOMA unconstitutional and would not defend it in court.  The House of Representatives has engaged counsel to defend DOMA.

The Bankrupcy Court decision is here. The Wall Street Journal reports here.

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