Same-Sex Marriage Fight Could be Influenced by Appeals Court Judge
Same-Sex Marriage Fight Could be Influenced by Appeals Court Judge
Law Recruiter Explains Why Older Attorneys Struggle to Join Firms
Law Recruiter Explains Why Older Attorneys Struggle to Join Firms
North Carolina Gives up the Fight Against Same-Sex Marriages
North Carolina Gives up the Fight Against Same-Sex Marriages
Court Denies Atheist Complaint: the Ground Zero Cross Stays
Court Denies Atheist Complaint: the Ground Zero Cross Stays
Job Listings

DOJ Will Not Defend DOMA

facebooktwittergoogle_plusredditpinterestlinkedinmail

In a letter to the Speaker of the House, Attorney General Eric Holder has informed Congress that on his advice President Obama has ordered the Department of Justice not to defend Section 3 of the Defense of Marriage Act, on the grounds that it violates the equal protection clause of the 5th amendment to the US Constitution.  While this clause has withstood challenges in past appellate cases, there are two cases pending in circuits for which this is a matter of first impression.

The two cases, brought in New York and Connecticut respectively, are Windsor v. United States and Pedersen v. Office of Personnel Management.  The DOJ’s deadline for filing a brief in each case is coming up but according to AG Holder, the administration will not be defending the law in court.

DOJ Will Not Defend DOMA by
facebooktwittergoogle_plusredditpinterestlinkedinmail

Tagged: , , , , , , , , ,

Posted by on February 23, 2011. Filed under Home,Legal News. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry

 

 

Job of the Day
Sr. Legal Specialist - Labor & Employment Practices
USA-VA-Richmond

Altria Group is a FORTUNE 200 company that owns the premier tobacco companies in the United States including Philip Morris USA, U.S. Smokeless Tobacco Company, John Middleton and Nu Mark. The companie...