For the first time ever – the federal ban on same-sex marriage is being challenged in a U.S. appeals court

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The U.S. First Circuit Court of Appeals in Boston is hearing a case to determine the constitutionality of the Defense of Marriage Act. President Obama decided his administration would no longer defend the law in court – so House Republicans used taxpayer money to hire a high-priced lawyer to prevent gays and lesbians from having the same rights as straight Americans. The showdown in the First Circuit Court means that the DOMA case will likely head to the Supreme Court next year for a final ruling.

Considering that the high court has been busy stripping rights away from actual people – and giving them to so-called corporate people – champions of human rights should be cautious. Then again – if two corporations asked the Supreme Court for the right to be married – then something tells me the high court would oblige. Then again – courts shouldn’t have any power at all to determine whether or not laws are constitutional. That should be left up to the people and the Congress.

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When Eric Holder eventually steps down as Attorney General, he will leave behind a complicated legacy, some of it tragic, like his decision not to prosecute Wall Street after the financial crisis, and his all-out war on whistleblowers like Edward Snowden.

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