Oops! Judge Confused Constitution, Declaration of Independence in Ruling
NORFOLK, Va. – The federal judge who struck down Virginia’s ban on homosexual ‘marriage’ as being unconstitutional wrongly attributed a quote from the Declaration of Independence to the U.S. Constitution.
In her 41-page decision issued late Thursday, U.S. District Court Judge Arenda Wright Allen had ruled that the state’s ban on same-sex marriage violated the right to due process and equal protection afforded under the U.S. Constitution.
“Our Constitution declares that ‘all men’ are created equal. Surely this means all of us,” Arenda Wright Allen wrote in her ruling.
While the Fourteenth Amendment guarantees “equal protection” under the law, the phrase “all men are created equal” is not in the U.S. Constitution, but rather in the Declaration of Independence.
The discrepancy was noticed by a number of judicial observers, including South Texas College of Law professor Josh Blackman.
Allen ultimately issued a second draft of her decision after it was reported with the adjustment: “Our Declaration of Independence recognizes that ‘all men’ are created equal.”
Allen’s ruling on the case remained unchanged, however.