Showing posts with label DOMA Section 3 is unconstitutional. Show all posts
Showing posts with label DOMA Section 3 is unconstitutional. Show all posts

Thursday, April 5, 2012

Press Conference Following DOMA Arguments at U.S. Court of Appeals - WATCH

Yesterday, an appeals court heard arguments on the constitutionality of DOMA. Several couples addressed the court about their experiences in hopes to destroy the hateful law.
Afterwards, there was a press conference discussing what happened in court

For more on this story, go here

Wednesday, February 22, 2012

DOMA's Federal Definition of Marriage is Unconstitutional

Aw shucky ducky! The U.S. District Court for the Northern District of California found Section 3 of the DOMA unconstitutional in Golinski v. Office of Personnel Management.

Here is the entire ruling
DOMA is unconstitutional i

Sunday, July 3, 2011

Evolving Already? Obama Administration says DOMA is Unconstitutional


Maybe folks didn't noticed, but on Friday, the Obama Administration declared DOMA to be unconstitutional. During the Karen Golinski's case, the Justice Department said she and her partner should not be denied benefits; and DOMA violates the equal protection of the couple.

Here's the breakdown:

"The official legislative record makes plain that DOMA Section 3 was motivated in large part by animus toward gay and lesbian individuals and their intimate relationships, and Congress identified no other interest that is materially advanced by Section 3," the brief reads, referring to the section in the act that defines marriage as being between a man and a woman.

Though the administration has previously said it will not defend the marriage act, the brief is the first court filing in which it urges the court to find the law unconstitutional, said Tobias Barrington Wolff, a law professor at the University of Pennsylvania.

"This brief represents the concrete manifestation of a complete paradigm shift in the federal government's position on anti-gay discrimination and the constitutional rights of married same-sex couples," Wolff said in a phone interview Saturday.
This is the first time the administration goes on record, saying DOMA is unconstitutional. We should pay attention. Obama's evolving stage is moving forward.

source

Wednesday, February 23, 2011

John Boehner doesn't think it's the Right Time to stop Defending DOMA


Oh Boehner... As soon as the news hit, John Boehner had this to say:
"While Americans want Washington to focus on creating jobs and cutting spending, the President will have to explain why he thinks now is the appropriate time to stir up a controversial issue that sharply divides the nation."
John, please. Because everyone is worried about jobs, I'm sure this is not going to break their backs. And if it does, well it's their fault. Gay marriage doesn't affect their money, jobs, or social security; so they will need to get over it.

source

Department of Justice will No Longer Defend DOMA; Obama Says DOMA Is Unconstitutional


This is some good news. From the site, Prop 8 Tracker, they received a statement from the DOJ about DOMA.

Adam Bink highlighted this key piece:
After careful consideration, including a review of my recommendation, the President has concluded that given a number of factors, including a documented history of discrimination, classifications based on sexual orientation should be subject to a more heightened standard of scrutiny.  The President has also concluded that Section 3 of DOMA, as applied to legally married same-sex couples, fails to meet that standard and is therefore unconstitutional.  Given that conclusion, the President has instructed the Department not to defend the statute in such cases.  I fully concur with the President’s determination.

Consequently, the Department will not defend the constitutionality of Section 3 of DOMA as applied to same-sex married couples in the two cases filed in the Second Circuit.  We will, however, remain parties to the cases and continue to represent the interests of the United States throughout the litigation.  I have informed Members of Congress of this decision, so Members who wish to defend the statute may pursue that option.  The Department will also work closely with the courts to ensure that Congress has a full and fair opportunity to participate in pending litigation.
Furthermore, pursuant to the President’s instructions, and upon further notification to Congress, I will instruct Department attorneys to advise courts in other pending DOMA litigation of the President’s and my conclusions that a heightened standard should apply, that Section 3 is unconstitutional under that standard and that the Department will cease defense of Section 3.
Also included in their post is a letter from Attorney General Holder to Speaker Boehner.

Now to be clear, this doesn't end DOMA. Congress will need to do that, but the DOJ will no longer defend it.

I'm sure there's more to come on this story.