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  • Defense of Marriage Act

    Obama Drops Pretense, Administration Will Not Defend DOMA

    Today, President Barack Obama concluded, and Attorney General Eric Holder announced, that the administration will not defend the Defense of Marriage Act (DOMA).  DOMA 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 … More

    Memo to the White House: Don't Stop, Start Defending DOMA

    The New York Times continues to lower the threshold of responsibility in matters marital, and yesterday’s editorial calling on the Obama Administration to abandon the Defense of Marriage Act (DOMA) is the latest—and perhaps oddest—example. It is odd first and foremost because the Obama Justice Department’s defense of DOMA maintains … More

    Cinderella Congress: Marriage Is Worth a Real Fight

    Perhaps the biggest news out of last week’s reaction to a federal judge striking down the Defense of Marriage Act (DOMA) was pundits’ response to the way the Obama Administration “threw the fight.” Echoing some of the most notorious boxing matches in the history of the ring, the Obama-Kagan Justice … More

    Marriage under Assault in Federal Courts: Why It Matters

    Marriage is under intensified assault in two federal courtrooms. Last week a federal district judge in Massachusetts acted alone to overrule 427 members of Congress who voted in 1996 to adopt the Defense of Marriage Act (DOMA), a measure signed into law by President Clinton. DOMA has two major provisions. … More

    Federal Judge Strikes Down Defense of Marriage Act

    In 1996, by a vote of 342–67 in the House and 85–14 in the Senate, the United States Congress enacted the Defense of Marriage Act (DOMA) and President Clinton signed it into law. Section 3 of DOMA defines marriage as the union of husband and wife for purposes of federal … More

    IRS Flouts the Defense of Marriage Act

    In a series of three letter rulings – here, here,  and here – issued in May, the Internal Revenue Service has reached conclusions that flout the plain meaning of the Defense of Marriage Act (DOMA). The rulings involve California’s domestic partnership law, which dates to 1999 and has been expanded … More

    Ready, Fire, Aim on "Don't Ask, Don't Tell" (Update: Service Chiefs Weigh In)

    Before the Democratic health bill was passed in March, House Speaker Nancy Pelosi attempted to reassure the public that Congress would have to pass the bill before the public could “find out what is in it.” And now they intend to use the same tactics to repeal the misnamed “don’t … More