Press Conference Following DOMA Arguments at U.S. Court of Appeals - WATCH

Yesterday, an appeals court heard arguments on the constitutionality of DOMA. Several couples addressed the court about their experiences in hopes to destroy the hateful law.
Afterwards, there was a press conference discussing what happened in court

For more on this story, go here

DOMA's Federal Definition of Marriage is Unconstitutional

Aw shucky ducky! The U.S. District Court for the Northern District of California found Section 3 of the DOMA unconstitutional in Golinski v. Office of Personnel Management.

Here is the entire ruling
DOMA is unconstitutional i

READ: The Amicus Brief Supporting the DOMA Repeal

133 Democrats filed a brief to repeal DOMA
Amicus Brief on DOMA
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Evolving Already? Obama Administration says DOMA is Unconstitutional

Maybe folks didn't noticed, but on Friday, the Obama Administration declared DOMA to be unconstitutional. During the Karen Golinski's case, the Justice Department said she and her partner should not be denied benefits; and DOMA violates the equal protection of the couple.

Here's the breakdown:

"The official legislative record makes plain that DOMA Section 3 was motivated in large part by animus toward gay and lesbian individuals and their intimate relationships, and Congress identified no other interest that is materially advanced by Section 3," the brief reads, referring to the section in the act that defines marriage as being between a man and a woman.

Though the administration has previously said it will not defend the marriage act, the brief is the first court filing in which it urges the court to find the law unconstitutional, said Tobias Barrington Wolff, a law professor at the University of Pennsylvania.

"This brief represents the concrete manifestation of a complete paradigm shift in the federal government's position on anti-gay discrimination and the constitutional rights of married same-sex couples," Wolff said in a phone interview Saturday.

This is the first time the administration goes on record, saying DOMA is unconstitutional. We should pay attention. Obama's evolving stage is moving forward.

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John Boehner doesn't think it's the Right Time to stop Defending DOMA

Oh Boehner... As soon as the news hit, John Boehner had this to say:

"While Americans want Washington to focus on creating jobs and cutting spending, the President will have to explain why he thinks now is the appropriate time to stir up a controversial issue that sharply divides the nation."

John, please. Because everyone is worried about jobs, I'm sure this is not going to break their backs. And if it does, well it's their fault. Gay marriage doesn't affect their money, jobs, or social security; so they will need to get over it.

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Department of Justice will No Longer Defend DOMA; Obama Says DOMA Is Unconstitutional

This is some good news. From the site, Prop 8 Tracker, they received a statement from the DOJ about DOMA.

Adam Bink highlighted this key piece:

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.  The President has also concluded that Section 3 of DOMA, as applied to legally married same-sex couples, fails to meet that standard and is therefore unconstitutional.  Given that conclusion, the President has instructed the Department not to defend the statute in such cases.  I fully concur with the President’s determination.

Consequently, the Department will not defend the constitutionality of Section 3 of DOMA as applied to same-sex married couples in the two cases filed in the Second Circuit.  We will, however, remain parties to the cases and continue to represent the interests of the United States throughout the litigation.  I have informed Members of Congress of this decision, so Members who wish to defend the statute may pursue that option.  The Department will also work closely with the courts to ensure that Congress has a full and fair opportunity to participate in pending litigation.

Furthermore, pursuant to the President’s instructions, and upon further notification to Congress, I will instruct Department attorneys to advise courts in other pending DOMA litigation of the President’s and my conclusions that a heightened standard should apply, that Section 3 is unconstitutional under that standard and that the Department will cease defense of Section 3.

Also included in their post is a letter from Attorney General Holder to Speaker Boehner.

Now to be clear, this doesn't end DOMA. Congress will need to do that, but the DOJ will no longer defend it.

I'm sure there's more to come on this story.

Interesting Quote: Janson Wu an Attorney for GLAD

"We fully expect that the Obama administration will appeal the decision. It would be unusual if they didn't. Typically, when a court strikes down a law as unconstitutional, the government appeals it. To be honest, we think that would be good. The federal government wants to discriminate against gay and lesbian couples, and that's just not enough to stand constitutional scrutiny. So we're confident we'll win."

Janson's opinion on the DOJ, if they appeal the DOMA ruling.

DOMA Discussion on Rachel Maddow

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Federal Court Rules that DOMA's Section 3 Is UNCONSTITUTIONAL

Great News!

U.S. District Court Judge Jospeh Tauro said or ruled that Section 3 of the Defense of Marriage Act violates the equal protection of the laws guaranteed by the Due Process Clause of the Fifth Amendment to the U.S. Constitution.

More info to come! But if you want more details go here

Interesting Quote: Laurence Tribe

"I certainly agree (a) that Section 3 of DOMA is unconstitutional, at least as applied to couples like those who are currently challenging it in federal court here in Massachusetts.... I'm not at all reluctant to have it known that I think the equality component of the Fifth Amendment's Due Process Clause forbids the federal government to deny same-sex spouses benefits identical to those that it would grant to opposite-sex spouses when the spouses are "married" under the law of their state - that is, when the spouses were married and reside in states where the law forbids a distinction between same-sex and opposite-sex marriage and rejects the DOMA definition of 'marriage.'"

Laurence Tribe, a Harvard Constitutional law professor, who believes that DOMA Section 3 is unconstitutional.

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