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  • Defense of Marriage Act

    Supreme Court Asked to Review Federal Defense of Marriage Act

    The Supreme Court is likely to review lower courts’ actions striking down the Defense of Marriage Act (DOMA) as soon as its next term. On June 29, the Bipartisan Legal Advisory Group of the U.S. House of Representatives asked the Supreme Court to review the First Circuit’s panel decision in … More

    Court Strikes Down The Defense of Marriage Act

    Today, a unanimous panel of the U.S. Court of Appeals for the First Circuit held unconstitutional a provision of the federal Defense of Marriage Act (DOMA) defining “marriage” exclusively as opposite-sex unions, setting up an all-but-certain Supreme Court case for next year. Acting in response to a Hawaii Supreme Court … More

    A National Defense of Marriage

    Recent attacks on the institution of marriage disregard the importance of married mother-father households to child well-being and the necessity of defending the institution of marriage for the good of civil society. At this week’s Senate Judiciary Committee hearing on a bill that would repeal the federal Defense of Marriage … More

    DOMA Under Attack in Senate: A Rising Disrespect for Marriage

    The full Senate Judiciary Committee met today to consider a proposal to repeal the 1996 Defense of Marriage Act (DOMA). DOMA was passed by both houses of Congress by overwhelming margins—with majority support from both major political parties—and was signed into law by President Clinton, whose Department of Justice repeatedly … More

    The DOJ’s Unprofessionalism in Its Attack on Traditional Marriage

    First the Obama Justice Department defended the Defense of Marriage Act (“DOMA,” which defines marriage as between a man and a woman for the purposes of federal law, and clarifies that no state has to recognize a homosexual marriage from another state) in federal lawsuits. Well actually, it did such a … More

    Protecting Marriage and the Rule of Law

    The decision by the U.S. Navy to rescind new guidelines that would have permitted same-sex marriages to be performed in navy chapels in certain states is a simple recognition of the law of the land. The fact that the rescission came only after pressure from Members of Congress who wrote … More

    DOMA: Honor and the Limits of Politics

    The desire to achieve victory in any field of endeavor can become so intense that it deforms the character of the participants. That tendency has been on display in the past two weeks as a result of the intimidation offensive the Human Rights Campaign has waged against the law firm … More

    Defense of DOMA Remains in Good Hands

    Former Solicitor General of the United States Paul D. Clement resigned his partnership at the King & Spalding law firm on April 25 in a selfless act of high honor and ethical principle. Americans should applaud his strong stand for the principle that lawyers must put the interests of their … More

    Marriage Gets a Defense in Court

    Speaker of the House John Boehner’s announcement that former Solicitor General Paul Clement will lead the defense of the Defense of Marriage Act (DOMA) in federal court is a victory for the rule of law—and for an irreplaceable institution of civil society. Ever since February 23, when Attorney General Eric … More

    How Congress Can Defend DOMA

    On February 23, Attorney General Eric Holder announced in a letter to House Speaker John Boehner that President Obama had instructed him to no longer defend the constitutionality of the Defense of Marriage Act (DOMA), but that he would notify the courts of DOJ’s “interest in providing Congress a full … More