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February 09, 2014

Over the Weekend: This is the Way to Change the Law of Equal Protection?

Regardless of how you weigh in on the substantive issue, is this the right way to change equal protection law? See, e.g., the Washington Post's report on Eric Holder's announcement on Saturday: "U.S. Justice Department To Give Married Same-Sex Couples Equal Protection". Excerpt:

The Justice Department on Monday will instruct all of its employees across the country, for the first time, to give lawful same-sex marriages sweeping equal protection under the law in every program it administers, from courthouse proceedings to prison visits to the compensation of surviving spouses of public safety officers.

In a new policy memo, the department will spell out the rights of same-sex couples, including the right to decline to give testimony that might incriminate their spouses, even if their marriages are not recognized in the state where the couple lives.

Posted by JD Hull at February 9, 2014 12:04 AM

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