Judge: Probation Can't Split Gay Pair

From the story: A federal judge in Philadelphia has ruled that a long-term gay couple on probation has the same right to associate as a married couple.

Senior U.S. District Judge Marvin Katz issued the ruling in a case involving two Montgomery County men, Daniel Mangini and Steven Roberts, who were convicted in 2004 of dealing 100 grams of methamphetamine.

After their release from federal prison, the U.S. Probation Office declined to allow them to live together, citing a policy that forbids felons on probation from associating with other felons unless they are blood relatives or spouses.

"[The] defendants were in every way a family," Katz wrote in a 10-page opinion issued Tuesday. "The Due Process Clause [of the Constitution] protects highly personal relationships of deep attachment and commitment." Read more…

Which version of the Constitution is the judge reading? The Due Process Clause, which clearly should protect the unborn among others, does not protect “relationships of deep attachment and commitment”.

No comments: