Bankruptcy Court Finds DOMA Unconstitutional

The U.S. Bankruptcy Court for the Central District of California, in Los Angeles has held that section 3 of the so-called Defense of Marriage Act is unconstitutional.  Section 3 forbids the Federal government from recognizing same-sex marriages legally performed by states.  The opinion came in a bankruptcy filing brought by a gay couple who were legally married in California while it was legal to do so.  An excerpt from the ruling:

"This court cannot conclude from the evidence or the record in this case that any valid governmental interest is advanced by DOMA as applied to the Debtors. Debtors have urged that recent governmental defenses of the statute assert that DOMA also serves such interests as “preserving the status quo,” “eliminating inconsistencies and easing administrative burdens” of the government. None of these post hoc defenses of DOMA withstands heightened scrutiny. In the court’s final analysis, the government’s only basis for supporting DOMA comes down to an apparent belief that the moral views of the majority may properly be enacted as the law of the land in regard to state-sanctioned same-sex marriage in disregard of the personal status and living conditions of a significant segment of our pluralistic society. Such a view is not consistent with the evidence or the law as embodied in the Fifth Amendment with respect to the thoughts expressed in this decision. The court has no doubt about its conclusion: the Debtors have made their case persuasively that DOMA deprives them of the equal protection of the law to which they are entitled."

In a highly unusual move, the opinion was signed by 20 of 25 judges in the district.  Opinions are normally signed only by the issuing judge. 

Law Firm Drops DOMA Appeal

King and Spaulding, the prestigious Atlanta law firm, has filed a motion to withdraw from its involvement in defending legal challenges to the so-called Defense of Marriage act.  The GOP-controlled House had hired King and Spaulding attorney and former US Solicitor General Paul Clement to defend the unconstitutional law after the Obama Justice Department announced that it would no longer do so.  Firm chairman Robert Hays, Jr. made the announcement today.  Clement announced his resignation from the firm and accused it of abandoning a client "in the face of hostile criticism."  King and Spaulding had enjoyed a 100% rating from HRC, which planned a press conference for later today.    

Rep. Nadler at the DOMA Hearings

Yesterday, the GOP-controlled house held hearings on "defending marriage."  It featured the usual blather from professional blabbermouths like Maggie Gallagher.  However, it also featured an intelligent and moving speech from Rep. Nadler (D-NY).  You need to give it a listen:

Huge Day for Marriage Equality!

This is big news.  Attorney General Eric Holder announced today that the U.S. Government will no longer defend that damnable "Defense of Marriage" Act in court:

"After careful consideration, including a review of my recommendation, the President has concluded that given a number of factors, including a documented history of discrimination, classifications based on sexual orientation should be subject to a more heightened standard of scrutiny. The President has also concluded that Section 3 of DOMA, as applied to legally married same-sex couples, fails to meet that standard and is therefore unconstitutional. Given that conclusion, the President has instructed the Department not to defend the statute in such cases. I fully concur with the President’s determination.


Consequently, the Department will not defend the constitutionality of Section 3 of DOMA as applied to same-sex married couples in the two cases filed in the Second Circuit. We will, however, remain parties to the cases and continue to represent the interests of the United States throughout the litigation. I have informed Members of Congress of this decision, so Members who wish to defend the statute may pursue that option. The Department will also work closely with the courts to ensure that Congress has a full and fair opportunity to participate in pending litigation.
Furthermore, pursuant to the President's instructions, and upon further notification to Congress, I will instruct Department attorneys to advise courts in other pending DOMA litigation of the President's and my conclusions that a heightened standard should apply, that Section 3 is unconstitutional under that standard and that the Department will cease defense of Section 3."

The cases of Pedersen v. OPM and Windsor v. United States will still continue, and their futures are quite uncertain.  DOMA is still the law of the land, but clearly the clock is ticking.  We may be a long way from seeing it swept into the dustbin of history along with NOM, FRC, and the other hate groups that trade in fear and ignorance of gays.  However, this is a significant day, not least because the President of the United States has recognized that championing our issues can be politically advantageous.  We may have crossed a threshold so that gay rights issues are a positive for Democrats and an embarrassment for the GOP.  It's the Republicans who were put on the offensive today. 

Also on this day, Prop 8 opponents asked the California Supreme Court to drop the stay on allowing gays to marry in the Golden State.  California Senator Feinstein vowed to introduce a bill to repeal DOMA.  Governor Abercrombie signed Hawaii's new civil unions bill, giving many new legal rights to gay couples in the Aloha State.  Finally, the Maryland Senate gave initial approval to a marriage equality bill.  All that was just today!  What's up for tomorrow?!?