Defense of Marriage Act

GLAD Lawyer Expects Members Of Congress To Defend DOMA In Court

Ryan J. Reilly | February 23, 2011, 5:00PM

The big question following the Obama administration's announcement that it would not argue in support of the Defense of Marriage Act is whether Congress (or individual members of the House or Senate) would step in to defend the law themselves.

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Topics: Barack Obama, DOMA, Defense of Marriage Act, Department of Justice, Hans von Spakovsky, Justice Department, Lee Swislow, Obama Administration

Defense of Marriage Act

As DOJ Declines To Defend DOMA, Congress Could Step In

Ryan J. Reilly | February 23, 2011, 3:30PM

After walking the line on the issue of same sex marriage for most of his time in office, President Barack Obama's administration was forced to take a stand -- thanks to two court cases challenging the constitutionality of the Defense of Marriage Act filed in a judicial district without precedent on the issue.

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Topics: Barack Obama, DOJ, DOMA, Defense of Marriage Act

Defense of Marriage Act

Obama, DOJ Say Part Of DOMA Is Unconstitutional, Will Not Defend Law In Court

Ryan J. Reilly | February 23, 2011, 12:21PM

The Obama Justice Department has decided that part of the Defense of Marriage Act is unconstitutional and will not defend the 1996 law forbidding the government from recognizing same-sex marriage in federal 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," Attorney General Eric Holder said in a statement.

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Topics: Barack Obama, DOJ, Defense of Marriage Act, Eric Holder, Justice Department, Obama Administration