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[Greenwald responds to] A NYT columnist [who] worries that heterosexual marriage will lose its superior status without state endorsement

AS RULINGS go, Judge Vaughn Walker's verdict on August 4th in San Francisco was relentless. The state of California, he wrote, cannot ban, even by popular vote, gays and lesbians from marrying because this would violate America's constitution by denying some couples "a fundamental right without a legitimate (much less compelling) reason." His decision is certain to be appealed, and most watchers think it will end up before the Supreme Court. But whatever happens there, it represents a huge leap forward in America's long struggle over the civil rights of homosexuals.

California's Religion-Based Ban On Same-Sex Marriage Parallels Historic Battle Over Interracial Unions, Say Legal Experts

After careful consideration, including a review of my recommendation, the President has concluded that given a number of factors, including a documented history of discrimination, classifications based on sexual orientation should be subject to a more heightened standard of scrutiny.   The President has also concluded that Section 3 of DOMA, as applied to legally married same-sex couples, fails to meet that standard and is therefore unconstitutional.   Given that conclusion, the President has instructed the Department not to defend the statute in such cases.