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Is The Obama Administration Going to Appeal the Federal Marriage Ban Ruling?

07/09/2010- by Natasia Langfelder

President Obama has never been in favor of marriage equality, however, there are troublesome rumblings that he is going to go so far as to directly stand behind the Federal Defense of Marriage Act. As LGR reported, yesterday a Boston Federal Judge declared DOMA unconstitutional, saying that same sex couples deserve equal rights and that DOMA interferes with a State’s right to decide it’s marriage equality laws. (To put it in a nutshell)

The LGBT community is ecstatic over this win, but now worries of an appeal are setting in. Massachusetts Attorney General Martha Coakley and the activist group, Gay and Lesbian Advocates and Defenders, who brought the suits that toppled DOMA fully expect an appeal to be made and that the case will make it to the Supreme Court. If the case is appealed, the appeal would be filed by White House appointed US Attorney Carmen Milagros Ortiz.

Obama has said that he does not support DOMA but calls to the White House by the Raw Story concerning the appeal were answered evasively, saying that this is a matter for the Justice Department.

President Obama was elected with a large LGBT fan base, which has now dwindled as promises have gone unfulfilled. Appealing this decision could end his tentative hold on the LGBT voting base.

The Raw Story quotes Eric Wolfson, the Director of Freedom to Marry as saying:

Evan Wolfson, director of the gay rights group Freedom to Marry, said he doesn’t know what the Justice Department will do, but hopes that if they appeal, they will couch their filing carefully.

“I think we’re going to have to see what the Justice Department decides,” Wolfson said. “I do hope that, if there is an appeal, that at a minimum the administration will agree that the appellate court should apply a presumption of unconstitutionality — which in legal terms is called heightened scrutiny — to this law that they concede is discriminatory.”

“My message [to Obama] would be: Do the right thing,” Wolfson added. “You agree this law is discriminatory. A highly respected conservative Republican-appointed judge has now said it’s unconstitutional. Stop enforcing this unfair and discriminatory law that harms families and helps no one.”

[Source]

There is already a movement on Facebook to get the word out about the possible appeal. To join, click HERE To sign the petition asking Obama not to appeal this decision, click HERE.

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