DOMA

Study Author To Boehner's DOMA Defense Team: You Know Nothing Of My Work

Ryan J. Reilly | August 23, 2011, 8:51AM

House Speaker John Boehner (R-OH) and former United States Solicitor General Paul Clement

A University of Utah professor who specializes in the study of affectional bonds and same-sex sexuality is accusing House Speaker John Boehner's legal team of distorting her research.

Professor Lisa A. Diamond, whose work was cited by the legal team arguing on behalf of the U.S. House of Representatives that the Defense of Marriage Act is constitutional, filed a declaration in federal court stating that the legal team "misconstrues and distorts my research findings, which do not support the propositions for which BLAG cites them."

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Paul Clement

Law Firm Says 'Unfortunate Misunderstanding' Led To DOMA Reversal

Ryan J. Reilly | May 12, 2011, 12:20PM

The head of the Washington office of the law firm that backed out of an agreement to defend the Defense of Marriage Act (DOMA) on behalf of House Republicans is offering new details on the firm's high-profile reversal.

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DOMA

Conservative Lawyer Resigns After Law Firm Drops DOMA Defense

Ryan J. Reilly | April 25, 2011, 11:20AM

In a major setback for opponents of same-sex marriage, the law firm of King and Spalding is withdrawing from its agreement the House Republican leadership to defend the Defense of Marriage Act (DOMA) in court.

The motion to withdraw was filed in federal court on Monday by Richard A. Cirillo on behalf of King and Spalding, as first noted by the Huffington Post's Amanda Terkel. Former Solicitor General Paul Clement, who headed up King & Spalding's appellate practice, had been set to defend DOMA on behalf of House Republican leadership after the Justice Department said it would not defend the 1996 law because it determined provisions of the law were unconstitutional.

Clement submitted his resignation letter to King and Spalding on Monday morning. He will continue to represent the House, according to House Speaker John Boehner's office.

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DOMA

Lamar Smith Says Founding Fathers Didn't Want Gay Marriage

Ryan J. Reilly | April 18, 2011, 10:13AM

Rep. Lamar Smith (R-TX)

In yet another instance of House Republicans focusing on social rather than fiscal issues, a subcommittee of the House Judiciary Committee on Friday held a hearing examining the Obama administration's decision not the defend the Defense of Marriage Act (DOMA) in court because they found a provision of the law unconstitutional.

Several Republicans including Rep. Lamar Smith (R-TX), chairman of the House Judiciary Committee, bashed the Justice Department's decision not to defend the law. House Speaker John Boehner (R-OH) said last month that Congress would hire counsel to defend DOMA itself following a party line vote of the Bipartisan Legal Advisory Council.

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Sarah Palin

Palin Tells Anti-Gay Group Obama 'Flip-Flopped' On DOMA

Ryan J. Reilly | March 1, 2011, 5:00PM

A week after the Obama administration announced it believed part of the Defense of Marriage Act (DOMA) was unconstitutional and said it would no longer defend the law in court, former half-term Gov. Sarah Palin is out with a statement that slams (surprise!) President Barack Obama for the decision.

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DOMA

What's Next In The Battle Over DOMA

Ryan J. Reilly | March 1, 2011, 9:01AM

The Justice Department's decision not to defend the Defense of Marriage Act in court has sent anti-gay marriage groups into a fundraising frenzy and forced House Speaker John Boehner (R-OH) into the uncomfortable position of either defending a law that many agree will be found unconstitutional or put a social issue front-and-center (after he vowed to focus on fiscal issues).

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Defense of Marriage Act

GLAD Lawyer Expects Members Of Congress To Defend DOMA In Court

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

President Barack Obama and GLAD Executive Director Lee Swislow

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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Defense of Marriage Act

As DOJ Declines To Defend DOMA, Congress Could Step In

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

President Barack Obama and Attorney General Eric Holder

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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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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Defense of Marriage Act

Justice Department Defends The Defense Of Marriage Act

Ryan J. Reilly | January 13, 2011, 10:05PM

The Justice Department on Thursday filed a motion justifying the Defense of Marriage Act in the U.S. Court of Appeals for the First Circuit, appealing a federal judge's decision that the part of DOMA which defines marriage as between a man and a woman is unconstitutional.

But the appeal makes clear that the Obama administration doesn't support DOMA, and that the Justice Department was simply following tradition in defending even those laws the executive branch disagrees with.

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Tony West

DOJ Official: Defending DADT, DOMA 'Difficult' For Administration

Ryan J. Reilly | November 22, 2010, 12:52PM

Assistant Attorney General Tony West

Assistant Attorney General Tony West of the Justice Department told reporters Monday that defending Don't Ask Don't Tell and the Defense of Marriage Act were "difficult" for the Obama administration.

"Those are difficult cases because as you know the administration has a long standing policy view on this -- supports the repeal of DOMA and supports the repeal of 'Don't Ask Don't Tell'," West said in response to a question from TPM.

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Defense of Marriage Act

DOJ Files Appeal Defending The Defense Of Marriage Act

Rachel Slajda | October 12, 2010, 5:47PM

Robin Tyler and her wife Diane Olson, the original lesbian plaintiffs in the California Supreme Court marriage equality suit, at a rally in Los Angeles

The Justice Department today filed an appeal of the federal court decision that ruled that the Defense of Marriage Act, which defines marriage as heterosexual, unconstitutional.

The notice of appeal says little, other than that the federal government is appealing the ruling.

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