The Obama administration and the Justice Department will no longer defend the Defense of Marriage Act in court and considers the 1996 law unconstitutional. DOMA will still be applied to block same-sex couples from getting benefits.
Results tagged “doma”
Judge Joseph L. Tauro ruled today in Gill v. Office of Personnel Management and Commonwealth v. United States Department of Health and Human Services that the federal Defense of Marriage Act is unconstitutional, based largely on principles of equal protection under the law for all parties and states' rights to determine issues not governed by the constitution. Tuoro called the ability to define marriage "an essential element of state power." The decision not only upholds the rights of states like Connecticut, Vermont, Iowa, and of course our fine pioneering selves to recognize gay marriage, but also may suggest that those marriages could someday be recognized in other states as well. We just look forward to the day when marriage can be marriage, with no "gay" or "same sex" or "straight" or other adjectives involved—except maybe "happy." [Globe]
On Tuesday, CNN reported that President Obama will extend "health care and other benefits to the same-sex partners of federal employees" by signing a memorandum on Wednesday. As more states begin to recognize gay marriage, this could be seen as another reason for supporters of gay marriage to be optimistic that gay marriage will be allowed in any state. As Bostonist recently illustrated, attitudes on this issue still inspire heated exchanges and intense emotions. The President has recently been criticized by gay rights groups because his Justice Department supported the Defense of Marriage Act in court despite candidate Obama's pledge to try to repeal it. Obama has also not carried out his promise to drop the military's "don't ask, don't tell" policy.


