It’s a mistake any middle school civics teacher would fail you for – confusing the U.S. Constitution with the Declaration of Independence.

But when you are a President Obama nominated federal judge overturning Virginia’s gay marriage ban, what’s a little mix up between those two documents?

While striking down the state’s gay marriage ban on Thursday, Judge Arenda L. Wright Allen of the U.S. District Court for the Eastern District of Virginia wrote, “Our Constitution declares that ‘all men’ are created equal. Surely this means all of us,” ABC News reported.

Except that it’s actually the Declaration of Independence that declares, “all men are created equal,” you know the whole, “We hold these truths to be self-evident, that all men are created equal…”

After “several judicial observers noted the discrepancy,” ABC said, the judge corrected her mistake and issued a second draft of the ruling, “Our Declaration of Independence recognizes that ‘all men’ are created equal.”

Back to basics judge. Here, these may help:

Check out: Why a federally funded medical center blocked Fox News from waiting room TV’s

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Janeen Capizola

"And though she be but little, she is fierce." And fun! This conservative-minded political junkie, mom of three, dancer and one-time NFL cheerleader holds a bachelor of arts degree in political science. [email protected]. Twitter: @JaneenBPR

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