Defense of Marriage Act Upheld

A California federal district court recently issued a decision upholding the constitutionality of the Defense of Marriage Act. The plaintiffs alleged, in part, that the statute violates their equal protection rights because it has a disproportionate impact on homosexuals. The court agreed that there was a disproportionate impact, but found that the law was rationally related to a legitimate government interest: encouraging "the stability and legitimacy of what may reasonably be viewed as the optimal union for procreating and rearing children by both biological parents." The court also rejected a substantive due process challenge, holding that there is no fundamental due process right to same-sex marriage.

Thanks to Alexander Rhoads of the Iowa Family Law Blog for the heads up on this decision.