Quotha,
There did not appear
to be a majority of Justices willing to strike down the 1996 law [DOMA] based
on the argument that the Obama administration and gay rights advocates have
been pressing: that is, the law violates the Fifth Amendment guarantee of legal
equality in general.
This is the 5th Amendment as quoted at Wikipedia.
No person shall be
held to answer for a capital, or otherwise infamous crime, unless on a
presentment or indictment of a Grand Jury, except in cases arising in the land
or naval forces, or in the Militia, when in actual service in time of War or
public danger; nor shall any person be subject for the same offense to be twice
put in jeopardy of life or limb; nor shall be compelled in any criminal case to
be a witness against himself, nor be deprived of life, liberty, or property,
without due process of law; nor shall private property be taken for public use,
without just compensation.
The alleged guarantee of legal equality in general good
against the federal government is a fiction, based on the liberal reading of the 14th
Amendment equal protection clause, good against the states, that is also a fiction.
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