White House Calls Marriage Law Unfair to Gays

Justice Department appeals judge's ruling that it's unconstitutional

(NEWSER) - A Justice Department filing yesterday backed the Defense of Marriage Act, which defines marriage as between a man and a woman. The move appeals a federal judge’s ruling calling DOMA unconstitutional, TPM reports. But the administration asserted that it doesn’t support the act; the filing merely adhered to the executive branch’s traditional duty to defend laws it sees as constitutional, even if it disagrees with them politically. More»

(NEWSER) - A federal judge in California dismissed a lawsuit challenging the Defense of Marriage Act yesterday, supporting the Obama administration's claim that a gay couple had not suffered "an injury in fact." The Justice Department filed a brief agreeing with the plaintiffs that DoMA is discriminatory, but said it was bound to defend the law until Congress repealed it. The judge said that since the couple had not shown personal harm, he lacked jurisdiction to tackle the constitutionality of DoMA. More»

He says it's unconstitutional, orders administration to cease enforcing it

(NEWSER) - A federal judge has declared the Defense of Marriage Act unconstitutional, ordering the federal government to provide health benefits to the wife of a lesbian court employee. It's the first ruling to come down on DOMA since the Obama administration decided to stop defending it in court , the LA Times points out. The law has instead been defended by the House 's Bipartisan Legal Advisory Group—which, despite its name, is predominantly conservative. More»

With DOMA in question, Eric Holder wants case reviewed

(NEWSER) - The attorney general made the surprising move of suspending the deportation of a gay man in a civil union with a US citizen yesterday. The AP reports that Holder has asked the Board of Immigration Appeals to reconsider its decision. The board had called for the deportation of Paul Wilson Dorman to Ireland, even though he celebrated a civil union in New Jersey with his male partner—because the Defense of Marriage Act blocks gay marriage. Holder says there are two key points: Would the deportation would still occur if DOMA didn’t exist, and is Dorman officially a “spouse” according to New Jersey state law? More»

President's stance against DOMA gives them a nudge

(NEWSER) - With the Obama administration having declared the Defense of Marriage Act unconstitutional , Democratic lawmakers are launching new challenges of their own to the law, the Huffington Post reports. In the House, the "Respect for Marriage Act," which would explicitly repeal DOMA, is set to be introduced by Jerry Nadler with "quite a few co-sponsors," he says. "The president's move is another step in the increasing realization that there is no conceivable justification for DOMA," Nadler says. More»