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The Impact of the DOJ DOMA Decision on the Prop 8 Trial

Posted by: Lez Get Real on February 23, 2011.

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Melanie Nathan Feb 23-2011- nathan@privatecourts.com

President Obama and the Department of Justice announced today that they are abandoning their legal defense of the 1996 Defense of Marriage Act (DOMA), in two pertinent cases currently before the Courts and probably the same would appply to any future such challenges. By why waste the time of the Courts at all? So in essence this announcement is tantamount to an invitation to Congress to repeal DOMA. Last Congress, Rep. Jerold Nadler introduced the Respect for Marriage Act, repeal legislation for DOMA. It did not gain much traction. On the heels of the DOJ announcement today, Senator Feinstein announced that she would sponsor repeal legislation. It is clear that this administration considers the Defense of marriage Act unconstitutional.

Their decision to stop defending of DOMA underscores the unconstitutionality of marriage bans in states across the country, including California’s Proposition 8, asserts AFERS, the organization behind the PROP 8 challenge.

Despite today’s news, gay and lesbian couples are still prohibited from marrying in California.

Today, AFER’s legal team, led by Theodore B. Olson and David Boies, asked the Ninth Circuit Court of Appeals to lift the stay and allow marriages to take place immediately, and that the California Supreme Court hear oral arguments on the issue of standing by the end of May. This is a critical move for same-sex couples – who given this development should not have to wait any longer.

AFER is inviting comments on their site for the world to see that real people are enduring real-life consequences—simply by being told to wait.

Whatever the reason, tell AFER and the WORLD why you can’t wait for equality.