Maybe folks didn't noticed, but on Friday, the Obama Administration declared DOMA to be unconstitutional. During the Karen Golinski's case, the Justice Department said she and her partner should not be denied benefits; and DOMA violates the equal protection of the couple.
Here's the breakdown:
"The official legislative record makes plain that DOMA Section 3 was motivated in large part by animus toward gay and lesbian individuals and their intimate relationships, and Congress identified no other interest that is materially advanced by Section 3," the brief reads, referring to the section in the act that defines marriage as being between a man and a woman.This is the first time the administration goes on record, saying DOMA is unconstitutional. We should pay attention. Obama's evolving stage is moving forward.
Though the administration has previously said it will not defend the marriage act, the brief is the first court filing in which it urges the court to find the law unconstitutional, said Tobias Barrington Wolff, a law professor at the University of Pennsylvania.
"This brief represents the concrete manifestation of a complete paradigm shift in the federal government's position on anti-gay discrimination and the constitutional rights of married same-sex couples," Wolff said in a phone interview Saturday.