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Will DOJ respond today in appeal of DOMA?

Timothy Kincaid

October 12th, 2010

By my counting, today is the day that the Department of Justice must file an appeal to the court ruling which found that portions of the Defense of Marriage Act to violate the US Constitution. If not challenged, this decision would allow residents of Massachusetts who are in a same-sex marriage to have federal recognition of their marriage.

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DaveM
October 12th, 2010 | LINK

I think there’s another 5 days. The original judgment issued on August 12 was superseded by an Amended Judgment issued on August 17. I think that reset the clock.
http://www.glad.org/uploads/docs/cases/gill-v-office-of-personnel-management/gill-amended-judgment-8-2010.pdf

K in VA
October 12th, 2010 | LINK

No, today’s the day for the state’s case — Mass. v. HHS. Gill v. OPM (the GLAD case) is due next week.

However, the assemption has been that DOJ would file both on the same day, given the similarities in the two cases and, persumably, to reduce outrage to one day instead of two.

So, yes, I think we should stay tuned.

Stephen
October 12th, 2010 | LINK

What does this do for American citizens in Canadian marriages?

K in VA
October 12th, 2010 | LINK

Stephen:

If marriages in any state get Federal recognition, then married couples who reside in that state get Federal recognition, regardless of the other state (or country) in which the marriage was performed. If you were married in Canada and live in Massachusetts now, then Massachusetts recognizes your marriage.

If Federal recognition comes, though, in the short term it would only apply if you remained within state bounds. So, if you live in Massachusetts, don’t cross the state line.

If the case up and we win in the Circuit court, them married couples from Massachusetts could travel safely in or even move to another state in the circuit that allows marriage to be performed.

(Gee, ain’t life simpler for straight people!)

Rob
October 12th, 2010 | LINK

An appeal was just filed by all defendants.

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