tag:blogger.com,1999:blog-4659708694983666028.post4447366629503646932..comments2024-03-07T05:32:33.294-05:00Comments on Wait A Second!: Court of Appeals strikes down Defense of Marriage ActSecond Circuit Civil Rights Bloghttp://www.blogger.com/profile/06808477135354174644noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-4659708694983666028.post-6856262917383909762012-10-22T10:09:42.945-04:002012-10-22T10:09:42.945-04:00I read this case. What is fascinating is that it h...I read this case. What is fascinating is that it heavily relies on two cases involving disability discrimination. The first being Cleburne v. Cleburne Assisted Living, where the Supreme Court allowed a group home to locate wherever it wanted. Cleburne was arguably decided on a rational basis classification, but would really be more aptly considered rational basis plus as the Windsor court pointed out when they referenced Justice Marshall's opinion in that case. Also, Windsor cited to Heller v. Doe, the case involving using medication to control the behavior of persons with intellectual disabilities. That case, which had a vigorous dissent by Justice Souter, was decided on a rational basis classification, but the court never addressed the classification on the merits because both parties agreed that rational basis was the classification at issue. <br /><br />It will be fascinating to follow this and to see what effect if any decisions such as this have on the equal protection classification of persons with disabilities.William D. Goren, J.D., LL.M.http://www.williamgoren.comnoreply@blogger.com