Main | Tuesday, October 12, 2010

DOJ Appeals DOMA Overturn

Some of you will view this as good thing. Via Chris Geidner at Metro Weekly:
In a move expected by most legal observers, the U.S. Department of Justice this afternoon filed notices of appeal in two cases striking down the federal definition of marriage, contained in the Defense of Marriage Act, as unconstitutional. U.S. District Court Judge Joseph Tauro had ruled on July 8 in the cases, Gill v. Office of Personnel Management and Massachusetts v. Department of Health and Human Services, that Section 3 of DOMA was unconstitutional on several grounds, finding that the marriage definition violated the equal protection and due process guarantees, as well as the Spending Clause and Tenth Amendment.

Gay & Lesbian Advocates & Defenders, which argued the Gill case on behalf of the plaintiffs, issued a statement moments after the government's filing. "We fully expected an appeal and are more than ready to meet it head on," Mary L. Bonauto, GLAD’s Civil Rights Project Director, said in the statement. "DOMA brings harm to families like our plaintiffs every day, denying married couples and their children basic protections like health insurance, pensions, and Social Security benefits. We are confident in the strength of our case."

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