Ten Republican US Senators have filed an amicus brief asking the US Supreme Court to uphold the Defense of Marriage Act on rather baffling reasons. They are s
aying that it is wrong for the Obama Justice Department to claim that DOMA is unconstitutional now because the Clinton Justice Department
told them nearly two decades ago that it was constitutional.
The Senators claim that “The time to speak was in 1996, when Congress gave careful consideration to the need for DOMA.” However, case law since 1996 has undermined the arguments that the Justice Department under Clinton would have made as to the constitutionality of DOMA.
Several lower courts and appellate courts have since ruled DOMA is unconstitutional based upon a number of precedents which became valid in overturning DOMA in the wake of the verdict in Lawrence v. Texas, the ruling which overturned the sodomy laws in the US.