Justice Department Appeals District Court Ruling Declaring Defense Of Marriage Act Unconstitutional

Reuters reports that "the Obama administration decided on Tuesday to appeal a judge's rulings that prevented the U.S. government from banning same-sex marriages, a move that could undermine support among President Barack Obama's traditional liberal base ahead of a key election. The Obama administration filed a notice of appeal with the U.S. District Court for the District of Massachusetts in support of the 1996 Defense of Marriage Act, or DOMA, that barred gay marriages, even though Obama had previously opposed the law. Although Obama opposes the law, a Justice Department spokeswoman said that the administration was defending the statute because it was obligated to defend federal laws when challenged in court."

"As a policy matter, the President has made clear that he believes DOMA is discriminatory and should be repealed," said Justice Department spokeswoman Tracy Schmaler. "The Justice Department is defending the statute, as it traditionally does when acts of Congress are challenged."

What remains to be seen is whether this same logic will apply to the injunction that was just issued against "don't ask, don't tell." If an appeal is not filed in that case as well it would be a clear case of inconsistency. Tweet