• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Advertise
  • Contact Us
  • About Towleroad
  • Towleroad on Social Media
  • Privacy Policy

Towleroad Gay News

Gay Blog Towleroad: More than gay news | gay men

  • Travel
  • Sports
  • Law/Justice
  • Celebrities
  • Film/TV/Stream
  • Republicans
  • Madonna
  • Books
  • Men
  • Trans Rights
  • Tech/Science
  • Royals
  • Monkeypox
  • Madonna’s Daughter Lourdes Leon Drops First Single & Steamy Music Video: WATCH
  • Jonathan Knight secretly marries boyfriend Harley Rodriguez
  • Ex-football star Herschel Walker’s woes hurt Republican chance of taking U.S. Senate

Federal Appeals Court Hears Historic Arguments on Constitutionality of DOMA: VIDEO

Andy Towle April 4, 2012

Bonauto
(image via @GLADlaw)

Historic arguments were made in the challenge to the Defense of Marriage Act today as the 1st Circuit Court of Appeals in Boston became the first federal appeals court to consider the constitutionality of DOMA.

Gay & Lesbian Advocates & Defenders lawyer Mary Bonauto and Massachusetts Attorney General Martha Coakley's Civil Rights Division chief Maura Healey argued before Chief Judge Sandra Lynch and Judges Juan Torruella and Michael Boudin.

Watch the press conference held by GLAD following the hearing, AFTER THE JUMP…

GLAD has some photos from outside the proceedings at its Facebook page.

PlaintiffsPlaintiffs Bette Jo Green, Jo Ann Whitehead, Jonathan Knight, Marlin Nabors & Dean Hara after today's arguments. (image via @GLADlaw)

Reports Chris Johnson at the Washington Blade:

Lawyers squared off over the constitutionality of DOMA, amid discussion about whether the law fails a rational basis standard of scrutiny or interferes with a state’s rights under the Tenth Amendment. Stuart Delery, who’s gay and the Justice Department’s acting assistant attorney general for the civil division, surprised many when he said the Obama administration wouldn’t defend DOMA on any basis, including under rational basis review.

Last year, the Obama administration said it would no longer defend DOMA in court, on the basis that President Obama had determined that the anti-gay law fails heightened scrutiny because it discriminates against gay couples. Asked by Judge Juan Torruella whether the administration has a position on the rational basis test for the law, Delery replied, “We don’t.”

MetroWeekly's Chris Geidner reports that "the four lawyers arguing the two cases to three judges appeared to be operating from different worlds" and that "one of the only points of complete agreement was that DOMA was an unprecedented attempt by Congress to define marriage across all federal laws."

Geidner adds:

Delery, representing the federal defendants in the two cases, Gill v. Office of Personnel Management and Massachusetts v. United States, was in the unusual position of agreeing with the plaintiffs on most points because of President Obama's February 2011 decision that Section 3 of DOMA is unconstitutional because such laws should be subjected to heightened scrutiny and that, accordingly, DOJ would stop defending DOMA in court.

The head of Department of Justice's Civil Division, Delery told Chief Judge Sandra Lynch and Judges Juan Torruella and Michael Boudin today that Congress's intent to single out gay and lesbian couples for discrimination was clear from the name of the bill itself: "It's a defense against something, and that defense was [against] same-sex couples."

Geidner also notes some of Paul Clement's argument for the House Republicans in defense of the law:

When Judge Torruella asked Clement if it was relevant that DOMA was, as Clement had put it, the "first comprehensive attempt" at such a definition, Clement said no — pointing to the fact that, in his view, DOMA was "not in any way an effort to override states."

He even acknowledged at one point, "The federal government isn't in the business of having its own marriage certificates."

Although the debate over the level of scrutiny to be applied to sexual orientation classifications was front and center today, Clement also made an argument that a prior case heard by the First Circuit regarding the constitutionality of "Don't Ask, Don't Tell" — Cook v. Gates — foreclosed the question by concluding that rational basis should apply.

Much more at MetroWeekly and the Washington Blade.

Watch the press conference held by GLAD following the hearing, AFTER THE JUMP…

video
play-rounded-fill
Link
typorama 6 copy

Topics: News More Posts About: DOMA, DOMA, gay marriage, Law - Gay, LGBT, News

Related Posts
  • Former Roommate Indicted For Murder Of Florida LGBTQ Activist Jorge Diaz-Johnston, One of the Public Faces In State Fight For Marriage Equality
  • Russia Blocks Facebook, Accusing it of Restricting Access to Russian Media;
  • Survivor Benefits Payments For Same-Sex Partners Are Being Paid Under Biden, But Many Don’t Even Know They Qualify
  • Jonathan Knight secretly marries boyfriend Harley Rodriguez

    Jonathan Knight secretly marries boyfriend Harley Rodriguez

    Published by BANG Showbiz English Jonathan Knight has married his boyfriend Harley Rodriguez. The New Kids on the Block star has confirmed he’s a married man after tying the knot with his longtime partner in secret …Read More »
  • Ex-football star Herschel Walker’s woes hurt Republican chance of taking U.S. Senate

    Ex-football star Herschel Walker’s woes hurt Republican chance of taking U.S. Senate

    Published by Reuters By David Morgan WASHINGTON (Reuters) – Republican hopes of taking control of the U.S. Senate in November could hinge on former football star Herschel Walker, a first-time candidate endorsed by Donald Trump, whose …Read More »
  • The Shocking Truth 25 Years After Princess Diana’s Tragic Death — Brother Charles Speaks Out

    The Shocking Truth 25 Years After Princess Diana’s Tragic Death — Brother Charles Speaks Out

    Published by OK Magazine mega August 31 marks the 25th anniversary of Princess Diana’s tragic death — and her only brother, Charles, proudly spoke out about his sister! “I’m always surprised by how difficult August 31 …Read More »
  • U.S. releases 2019 memo opposing Trump obstruction charges

    U.S. releases 2019 memo opposing Trump obstruction charges

    Published by Reuters By Sarah N. Lynch WASHINGTON (Reuters) -The Justice Department on Wednesday released under court order all of a 2019 memo https://www.justice.gov/file/1528466/download in which two top officials advised then-Attorney General William Barr not to …Read More »
Previous Post: « Your Augmented Future: VIDEO
Next Post: To My Unborn Child, If You’re a ‘Fag’, I’ll Kill You: VIDEO »

Primary Sidebar

Adjacent News

  • Ivanka Trump & Jared Kushner Contently Stroll Hand-In-Hand As Donald Trump’s Legal Woes Mount

    Ivanka Trump & Jared Kushner Contently Stroll Hand-In-Hand As Donald Trump’s Legal Woes Mount

  • Biden to hold first political rally in run-up to November elections

    Biden to hold first political rally in run-up to November elections

  • Trump has displayed ‘anxiety in private conversations’ following Mar-a-Lago search: report

    Trump has displayed ‘anxiety in private conversations’ following Mar-a-Lago search: report

Good Trash: Going to Read It Somewhere, Y’know

  • Duke and Duchess of Sussex adopt new rescue dog

    Duke and Duchess of Sussex adopt new rescue dog

  • Vanessa Bryant awarded 16m in damages over helicopter crash photos

    Vanessa Bryant awarded 16m in damages over helicopter crash photos

  • Lisa Scott-Lee recalls surreal dinner date with Michael Jackson

    Lisa Scott-Lee recalls surreal dinner date with Michael Jackson

RSS Partner Links

  • An error has occurred, which probably means the feed is down. Try again later.

Most Recent

  • Madonna’s Daughter Lourdes Leon Drops First Single & Steamy Music Video: WATCH

    Madonna’s Daughter Lourdes Leon Drops First Single & Steamy Music Video: WATCH

  • Jonathan Knight secretly marries boyfriend Harley Rodriguez

    Jonathan Knight secretly marries boyfriend Harley Rodriguez

  • Ex-football star Herschel Walker’s woes hurt Republican chance of taking U.S. Senate

    Ex-football star Herschel Walker’s woes hurt Republican chance of taking U.S. Senate

  • The Shocking Truth 25 Years After Princess Diana’s Tragic Death — Brother Charles Speaks Out

    The Shocking Truth 25 Years After Princess Diana’s Tragic Death — Brother Charles Speaks Out

  • U.S. releases 2019 memo opposing Trump obstruction charges

    U.S. releases 2019 memo opposing Trump obstruction charges

  • William Orbit: ‘Queen loves DJs as long as they end sets with National Anthem’

    William Orbit: ‘Queen loves DJs as long as they end sets with National Anthem’

  • Sir Rod Stewart takes another cheeky dig at his long-time pal Sir Elton John with stage mockery

    Sir Rod Stewart takes another cheeky dig at his long-time pal Sir Elton John with stage mockery

  • Scott Maxwell: Marco Rubio says his campaign is ‘a disaster.’ Is he crying wolf or truly scared of Demings?

    Scott Maxwell: Marco Rubio says his campaign is ‘a disaster.’ Is he crying wolf or truly scared of Demings?

Most Commented

Social

Twitter @tlrd | Facebook | Instagram @tlrd

Footer

Copyright © 2025 · Log in

×