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Department of Justice Will Not Defend Law Prohibiting Military Benefits to Same-Sex Couples

February 18, 2012

Attorney General Eric Holder released a letter to House Speaker John Boehner today informing him that the Department of Justice will not defend the constitutionality of a federal law denying benefits to members of the armed forces who are lawfully married to persons of the same sex.

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Major Corporations, Law Firms, Civic Organizations, and Cities File Brief Opposing DOMA

November 10, 2011

A group of 70 business, legal, community, and municipal institutions have filed an amicus brief in the Gill case in opposition to the federal Defense of Marriage Act.

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House Briefs Against Same-Sex Marriage (1): Answers to Interrogatories

August 4, 2011

On August 1, 2011, lawyers for the House of Representatives filed briefs in support of the constitutionality of the federal Defense of Marriage Act.  Adam Bink at Prop 8 Trial Tracker has posted both briefs: one is a Response to Interrogatories and the other is a Brief in Opposition to Plaintiff's Motion for Summary Judgment.  […]

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Justice Department Brief in Golinski Case Opposing Defense of Marriage Act

July 3, 2011

On February 23, 2011, Attorney General Eric Holder wrote a letter to John Boehner, Speaker of the House of Representatives, informing him that the President had determined that his administration could no longer in good conscience defend the constitutionality of the Defense of Marriage Act.  The President promised to continue to enforce the Act, but […]

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A Response to Rick Santorum: The Right of Free Exercise Is Not Equivalent to the Right to Discriminate in the Performance of Public Functions

March 8, 2011

On March 4 former Pennsylvania Senator and possible Presidential candidate Rick Santorum published a guest editorial in the Des Moines Register entitled Forefathers Fought for Religious Freedom.  Santorum confuses the right to free exercise of religion with the right to discriminate. 

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Attorney General Letter on DOMA

February 25, 2011

Attorney General Eric Holder has sent a letter notifying Congress that the administration now believes that Section 3 of the federal Defense of Marriage Act – the law that prohibits the federal government from recognizing same-sex marriages – is unconstitutional.

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Health Care Financing Reform (121): DOMA, PPACA, and the Tax and Spending Clause

December 20, 2010

     The Patient Protection and Affordable Care Act is being challenged as unconstitutional on the ground that Congress lacks the authority to adopt the law under the Commerce Clause and the Tax and Spending Clause.  Conservatives should be careful what they wish for – the same argument could be raised against the Defense of Marriage […]

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DADT Faces Repeal; Analogy to Slave Marriages; Focus Will Turn to DOMA

November 19, 2010

     At a press conference yesterday, Senatory Joe Lieberman (I-CT) indicated that there are 60 votes in the Senate to repeal Don't Ask, Don't Tell, the federal law that bars gays and lesbians from serving openly in the military.  There are also preliminary reports indicating that the military study due December 1 will recommend repeal.

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Federal Judge Declares DOMA Unconstitutional

November 20, 2009

     Judge Stephen Reinhardt of the Ninth Circuit Court of Appeals has found a key provision of the Defense of Marriage Act unconstitutional. 

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The President and Don't Ask / Don't Tell – Is it 1862 all over again?

July 1, 2009

     On September 22, 1862, President Abraham Lincoln issued the Emancipation Proclamation.  Is history about to repeat itself?

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The President, Don't Ask – Don't Tell, the Defense of Marriage Act, and the Rule of Law

June 18, 2009

     The federal Defense of Marriage Act prohibits the federal government from recognizing same-sex marriages or from granting benefits to the partners of gay and lesbian employees as if they were spouses.  The federal law commonly called "Don't Ask – Don't Tell" prohibits gays and lesbians who serve in the armed forces from publicly disclosing […]

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Clinton's Policy Recognizing Domestic Partners and DOMA

May 26, 2009

    It was reported yesterday by Glenn Kessler of the Washington Post that Secretary of State Hillary Clinton intends to extend certain privileges, including housing, travel, and supplemental employment benefits, to domestic partners of foreign service personnel.  Teddy Partridge at Firedoglake asks whether this policy runs afoul of the federal Defense of Marriage Act (DOMA).  My opinion is […]

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