| | Burkina Faso general takes over as Compaore resigns - BBC News | Virgin Galactic's SpaceShipTwo Crashes: 1 Dead, 1 Injured - NBCNews.com | Canada imposes visa ban on three Ebola-hit countries - Sydney Morning Herald | Marine Sgt. Andrew Tahmooressi freed from Mexican jail, immediately returns to ... - Fox News | Foreign Jihadists flock to IS despite air strikes - The News International | Kiev Threatens to Cut off Gas Supply to Donbas - RIA Novosti | Malaysia Airlines sees first lawsuit on missing Flight MH370 - Reuters Canada | Boko Haram says kidnapped girls 'married' - Sydney Morning Herald | US Spying on Syria Yields Bonus: Intelligence on Islamic State - Wall Street Journal | Two weeks before Iran talks' deadline: Tripartite summit in hopes of breakthrough - Haaretz | | 3rd teenage girl dies from Washington school shooting - CNN | Virgin Galactic's SpaceShipTwo Crashes: 1 Dead, 1 Injured - NBCNews.com | Captured Pennsylvania Ambush Suspect Eric Frein Charged With Murder - NBCNews.com | Nurse free to move about as restrictions eased - MiamiHerald.com | Former Mayor Thomas M. Menino planned his funeral - Boston Globe | Waves slam Chicago lakeshore - Chicago Daily Herald | Senate candidates packing agendas for home stretch - Monroe News Star | Senate Control Comes Down to Eight Races - Wall Street Journal | White House Celebrates Halloween - Voice of America | NYPD Chief of Department Philip Banks resigns after 28 years on force - New York Daily News | | Virgin Galactic's SpaceShipTwo Crashes: 1 Dead, 1 Injured - NBCNews.com | Marine Sgt. Andrew Tahmooressi freed from Mexican jail, immediately returns to ... - Fox News | 3rd teenage girl dies from Washington school shooting - CNN | Judge rejects attempt to isolate Maine nurse for possible Ebola - Boston Globe | World stocks rise as Bank of Japan increases stimulus target - Irish Times | Senate Control Comes Down to Eight Races - Wall Street Journal | Burkina Faso general takes over as Compaore resigns - BBC News | Captured Pennsylvania Ambush Suspect Eric Frein Charged With Murder - NBCNews.com | Former band member guilty in hazing death - KEYT | JK Rowling reveals inspiration behind Harry Potter nemesis Dolores Umbridge - Daily News & Analysis
Mar 302013
 

JUSTICE KAGAN: Mr. Clement, for the most part and historically, the only uniformity that the Federal Government has pursued is that it’s uniformly recognized the marriages that are recognized by the State. So, this was a real difference in the uniformity that the Federal Government was pursuing. And it suggests that maybe something — maybe Congress had something different in mind than uniformity.
So we have a whole series of cases which suggest the following: Which suggest that when Congress targets a group that is not everybody’s favorite group in the world, that we look at those cases with some -­ even if they’re not suspect — with some rigor to say, do we really think that Congress was doing this for uniformity reasons, or do we think that Congress’s judgment was infected by dislike, by fear, by animus, and so forth? … What happened in 1996 — and I’m going to quote from the House Report here — is that “Congress decided to reflect an honor of collective moral judgment and to express moral disapproval of homosexuality.” Is that what happened in 1996?
MR. CLEMENT: Does the House Report say that? Of course, the House Report says that. And if that’s enough to invalidate the statute, then you should invalidate the statute. But that has never been your approach, especially under rational basis or even rational basis-plus, if that is what you are suggesting.

via A Remarkable Exchange in the DOMA Case » Dispatches from the Culture Wars.