(This is very big news... - promoted by ctblogger)
I just saw in the news that the Federal Department of Justice will no longer defend DOMA (the Federal Defense of Marriage Act). This is a big development, especially for those of us who live in states that have equal marriage laws on the books (Connecticut, Massachusetts, Iowa, et al).
It will be interesting to see the implications of this decision unfold in the near future. Previously, AG Coakley's office in Massachusetts successfully challenged the law in Massachusetts federal district court (the credit also goes to another group of citizen activists who challenged the law in a similar suit).
In regards to what this decision will look like in the First Circuit (New England minus Vermont and Connecticut) is, at the very least to me unclear, although it does appear that the defense of the act will continue in that circuit (again, I'm not clear on this specific aspect, so if anyone can clear this up, feel free to do so in the comments). The Federal Government is prepared to defend portions of the statute there (see http://www.baywindows.com/inde... AG Coakley is expected to do a press event this afternoon about it (see Mass.gov/AGO). There are two suits against DOMA in the second circuit, our circuit which includes one suit in New York, and another here in Connecticut (here's a link: http://www.glad.org/doma/faq-p...
This is big news-- and if anyone has any thoughts about how this will (or won't) play out in the federal circuit courts, or what the political implications might be, please feel free to share your thoughts in the comments.
Just as a reference, here's the DOJ's statement via AG Eric Holder: http://www.justice.gov/opa/pr/...
UPDATE ctblogger: Senator Richard Blumenthal issued the following statement regarding the Justice Department decision to decline DOMA appeals:
"I am pleased that President Obama has declined to appeal these lawsuits. This decision is not only legally correct, but will also add momentum to efforts in Congress to repeal this unfair and discriminatory law. The Department of Justice's conclusion that the law is unconstitutional offers compelling support in the fight to repeal DOMA, which I will continue to advocate for as a member of the Senate Judiciary Committee." |
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