OPINION
July 14, 2010 | By Andrew Koppelman
Last week, a federal court in Massachusetts held unconstitutional the provision of the federal Defense of Marriage Act, known as DOMA, that denies federal benefits to same-sex spouses. The ruling relied on two arguments: that the law interfered with the rights of states guaranteed in the 10th Amendment, and that it violated the Constitution's equal protection clause. The first of these arguments doesn't make much sense, but the second is so strong that it has a good chance of being accepted by the U.S. Supreme Court.
NEWS
November 3, 2011 | By Kathleen Hennessey, Washington Bureau
House Democrats have filed an amicus brief siding with groups challenging the Defense of Marriage Act, the Clinton-era law denying federal benefits to married, same-sex couples. House Minority Leader Nancy Pelosi, Democratic Whip Steny Hoyer and 131 other members signed the brief, which argues that the key section of the law is unconstitutional because it was passed quickly, driven by biases and lacks "a rational relationship to any legitimate federal purpose. " President Obama announced earlier this year that he also believed the law was unconstitutional and his administration would not defend it in some court cases.
NATIONAL
February 23, 2011 | By James Oliphant, Washington Bureau
Q: What is the Defense of Marriage Act? A: The act was passed by Congress and signed into law by President Clinton in 1996 amid concerns that the federal government would be forced to honor legal same-sex marriages in some states. Under Section 2 of the act, states that have not legalized same-sex marriage are not required to recognize gay and lesbian marriages in states that have. Section 3 defines marriage as solely between a man and woman. Both the George W. Bush administration and the Obama administration have defended the act in court.
NEWS
March 9, 2011 | Lisa Mascaro, Washington Bureau
House Republican leaders voted Wednesday to launch what could be a lengthy legal battle against granting federal rights and benefits to same-sex couples, deciding to join a series of pending court battles to uphold the Defense of Marriage Act, which the Obama administration has decided to no longer defend as constitutional. A five-member panel convened by House Speaker John A. Boehner (R-Ohio) directed the House counsel to initiate a legal defense of the 15-year-old law. Democrats on the panel, who are a minority, opposed the move.
CALIFORNIA | LOCAL
August 25, 2009 | Carol J. Williams
The Obama administration scored a victory of sorts in federal court Monday when a judge threw out an Orange County gay couple's lawsuit claiming that the federal Defense of Marriage Act is unconstitutional. Just last week a top Justice Department lawyer sought the dismissal of the lawsuit on grounds that the couple, Arthur Smelt and Christopher Hammer of Mission Viejo, had failed to identify any personal harm suffered because of the 1996 law, which bars the federal government from treating same-sex marriages as legal or granting federal benefits to same-sex spouses.
OPINION
March 2, 2011
A boy of summer Re "Hall of Famer was Dodger star," Obituary, Feb. 28 My love affair with baseball started in 1946, when I was 9 years old. Growing up in Louisville, Ky., I was a fan of the Brooklyn Dodgers and kept up with them through radio, TV, newspapers and sports magazines. Today, when my boyhood baseball heroes die, I'm touched with a bit of sad nostalgia in remembering the joy they brought me. For me, baseball's glory days were 1946-60. It was a time when players gave their autographs for free.