Monday, August 31, 2009

All hope of striking down DOMA is with Massachusetts; Obama Administration plans to fight it

All hope of striking down the federal Defense of Marriage Act (DOMA) passed in 1996 which prevents the federal government from recognizing marriages performed within states resides with the Commonwealth of Massachusetts says The National Law Journal, and the National Legal Scholars Council.

"If you're looking to effect legal change, you're looking for plaintiffs who have been harmed, a lawsuit reasonably well-funded, and the legal expertise to take it up [to] the appellate process," said Arthur Leonard of New York Law School, an expert on gay and lesbian legal issues.

Of the four current lawsuits against DOMA, the suit filed in July by Massachusetts Attorney General Martha Coakley, is well-focused, well-financed, highly lawyered, and an infringement on the sovereignty of the Commonwealth of Massachusetts. (previous story)

The Obama administration decided to defend the law in court even as it has stated publicly its plans to seek repeal in Congress. What? Does this make any sense? What a waste of tax dollars!


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