Is there any rational basis to discriminate on the basis of sexual orientation?

March 26th, 2013

Cooper couldn’t even answer the question from Sotomayor.

┬áJUSTICE SOTOMAYOR: Outside of the — 5 outside of the marriage context, can you think of any 6 other rational basis, reason, for a State using sexual 7 orientation as a factor in denying homosexuals benefits 8 or imposing burdens on them? Is there any other 9 rational decision-making that the Government could make? 10 Denying them a job, not granting them benefits of some 11 sort, any other decision?

MR. COOPER: Your Honor, I cannot. I do not 13 have any — anything to offer you in that regard. I 14 think marriage is —

Isn’t the issue of DOMA? Is there a rational basis to treatment same-sex couples different for purposes of federal law? This is not a good sign for tomorrow.