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Friday, October 23, 2009

Rep. Grayson does a smackdown on an Acorn bill of attainder

According to Wikipedia, A bill of attainder (also known as an act or writ of attainder) is an act of the legislature declaring a person or group of persons guilty of some crime and punishing them without benefit of a trial. The bill of attainder is an interesting legal concept. 

Much of the legislation of the Party of No often has the qualities of a bill of attainder. The Defense of the Marriage Act is a good example. Besides the fact the federal government has no constitutional right to regulate marriage, it denied marriage privileges to gay and lesbian couples who were legally married in a state that allowed gay marraige and then moved to state that did not allow homosexual marriage.

This is the type of issue that should proceed though the courts, not the House and Senate. In California, when the courts upheld gay marriage, conservatives introduced a constitutional amendment banning it that passed.  A minority was punished without the benefit of trial.



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