DOJ Asks That DOMA Be Upheld In Bankruptcy Case

Jim Burroway

June 29th, 2011

Two weeks ago, a California Bankruptcy judge cited the Justice Department’s determination that the Defense of Marriage Act required heightened scrutiny and declared that a married same-sex couple could proceed in their bankruptcy case as a married couple. The justice Department is now appealing the decision:

Although Attorney General and the President have concluded that Section 3 of DOMA, as applied to legally married same sex couples is subject to heightened scrutiny and is unconstitutional under that standard, the  President has instructed that Executive Departments and agencies continue to comply with Section 3 unless and until it is repealed by Congress or there is a definitive ruling by the Judicial Branch that Section 3 is unconstitutional.

In May, Eric Holder vacated at deportation order against an Irish national who had entered into a civil union with an American man. In that case, Holder asked the immigration judge to consider “whether respondent’s same-sex partnership or civil union qualifies him to be considered a ‘spouse’ under New Jersey law.” That directive persuaded another immigration judge — this one in Connecticut, a marriage equality state — to halt the deportation a Venezuela nation who was legally married to an American. Surely the California couple, who were legally married during the period when same-sex marriages were being granted in 2008, are considered spouses under California law, and are thus entitled to consistency in court. But with this bankruptcy appeal, the DOJ’s policy on DOMA enforcement has become an unmitigated mess.

customartist

June 29th, 2011

I smell coersion

james

June 29th, 2011

Unmitigated mess is precisely the right description of the Administration’s actions and message on DOMA.

Hyhybt

June 29th, 2011

It’s not what they promised, but I still think it’s a good thing, long-term. The only way to get rid of DOMA by court action is to get precedent set, and the only way that will happen is if it’s defended, preferably in cases where nobody could possibly find it’s in anybody’s best interest to uphold it. Bankruptcy sure qualifies on that front, and if their defense is going to include statements that the law is unconstitutional, is it really a defense at all?

Timothy Kincaid

June 29th, 2011

It’s fascinating.

House Speaker John Boehner announced that his special counsel would not appeal this decision. But the Administration has decided to?

That’s very disturbing. It puts Obama and Holder further into the anti-marriage position than the Republican Speaker.

Tony

June 29th, 2011

To the complainers: please learn the legal process. They want a precedent set first. The appeal makes total sense in the overall picture.

Timothy Kincaid

June 29th, 2011

No, Tony, it does not make sense. Or certainly not if we know the legal process.

There are already several cases moving towards precedent and this one is trailing far behind. No precedent will – or can be – set by this case. The only impact the decision to appeal will have is on those individuals who are seeking protection under the US Bankruptcy Code.

Tony

June 29th, 2011

I’m just tired of the constant complaining. Could you imagine if McCain had won the presidency? Obama has done a lot for us, and all any of the bloggers and commenters do is complain. It’s getting very old. The HRC released a statement yesterday talking shit on RI civil unions. Umm.. would you rather have nothing at all? Seriously. The radicalization of gay politics is going to hurt us.

esurience

June 29th, 2011

Tony,

Yes Obama is better than McCain. No that doesn’t mean we shouldn’t criticize him when his administration does something wrong, or fails to do something right. The left generally values constructive criticism over loyalty. This decision seems to go against what the administration previously said is their policy on (not) defending DOMA.

As for Rhode Island… it’s absurd that New York, with a much more conservative legislature (and a much more conservative state overall), was able to just pass marriage equality… but Rhode Island with their super-majorities of Democrats is setting the bar at civil unions. They can and should be pushed harder.

TomTallis

June 29th, 2011

What about the bankrupt couple? This completely screws them over because, hey!, they’re bankrupt! How are they supposed to pay attorneys to defend them in this government appeal.

Is this really that important to the DOJ? If they don’t appeal it only is precedent for the Southern District of California, and then only in the bankruptcy courts in that district.

Now the couple AND their creditors are going to have to wait out a protracted battle on the constitutionality of DOMA? Say, what?

Yes, the appeal might barely possibly help in some future utopia, but meanwhile this couple (and their creditors, for that matter) is getting royally screwed by a DOJ which seemingly can’t tell its ass from a teakettle with both hands and a flashlight.

mike/

June 29th, 2011

why should DOJ be any different than the rest of the Obama administration? a total mess…

Kristie

June 29th, 2011

So basically what Tony is saying is that it’s better to be screwed over by someone that says they support you to your face but doesn’t actually put themselves out to act on that so called support very often than it is to be screwed over by someone that is upfront and honest about the fact that they don’t support you? Sorry, but just because Obama has thrown a few bones to the LGBT community that does not make him above reproach when it comes to this kind of thing. If he says he is a supporter of LGBY rights than he should be consistent in that support but he isn’t. Because when it comes down to it, he will say what he thinks contributors and voters want to hear so he can get support for his policies and campaigns and he never have to follow through on the big promises as long as he occasionally gives those supporters a few crumbs and keeps dangling the big carrots in front of them.

TomTallis

June 29th, 2011

Sorry! In my previous post I mis-named the federal court district. It should be the Central District of California.

Mike

June 30th, 2011

If we had just left well enough alone and not pressured the administration to drop the original appeals DOMA would be well on the way to being done. The administrations case was weak, and looked sure to lose.

Leave A Comment

All comments reflect the opinions of commenters only. They are not necessarily those of anyone associated with Box Turtle Bulletin. Comments are subject to our Comments Policy.

(Required)
(Required, never shared)

PLEASE NOTE: All comments are subject to our Comments Policy.

 

Latest Posts

The Things You Learn from the Internet

"The Intel On This Wasn't 100 Percent"

From Fake News To Real Bullets: This Is The New Normal

NC Gov McCrory Throws In The Towel

Colorado Store Manager Verbally Attacks "Faggot That Voted For Hillary" In Front of 4-Year-Old Son

Associated Press Updates "Alt-Right" Usage Guide

A Challenge for Blue Bubble Democrats

Baptist Churches in Dallas, Austin Expelled Over LGBT-Affirming Stance

Featured Reports

What Are Little Boys Made Of?

In this original BTB Investigation, we unveil the tragic story of Kirk Murphy, a four-year-old boy who was treated for “cross-gender disturbance” in 1970 by a young grad student by the name of George Rekers. This story is a stark reminder that there are severe and damaging consequences when therapists try to ensure that boys will be boys.

Slouching Towards Kampala: Uganda’s Deadly Embrace of Hate

When we first reported on three American anti-gay activists traveling to Kampala for a three-day conference, we had no idea that it would be the first report of a long string of events leading to a proposal to institute the death penalty for LGBT people. But that is exactly what happened. In this report, we review our collection of more than 500 posts to tell the story of one nation’s embrace of hatred toward gay people. This report will be updated continuously as events continue to unfold. Check here for the latest updates.

Paul Cameron’s World

In 2005, the Southern Poverty Law Center wrote that “[Paul] Cameron’s ‘science’ echoes Nazi Germany.” What the SPLC didn”t know was Cameron doesn’t just “echo” Nazi Germany. He quoted extensively from one of the Final Solution’s architects. This puts his fascination with quarantines, mandatory tattoos, and extermination being a “plausible idea” in a whole new and deeply disturbing light.

From the Inside: Focus on the Family’s “Love Won Out”

On February 10, I attended an all-day “Love Won Out” ex-gay conference in Phoenix, put on by Focus on the Family and Exodus International. In this series of reports, I talk about what I learned there: the people who go to these conferences, the things that they hear, and what this all means for them, their families and for the rest of us.

Prologue: Why I Went To “Love Won Out”
Part 1: What’s Love Got To Do With It?
Part 2: Parents Struggle With “No Exceptions”
Part 3: A Whole New Dialect
Part 4: It Depends On How The Meaning of the Word "Change" Changes
Part 5: A Candid Explanation For "Change"

The Heterosexual Agenda: Exposing The Myths

At last, the truth can now be told.

Using the same research methods employed by most anti-gay political pressure groups, we examine the statistics and the case studies that dispel many of the myths about heterosexuality. Download your copy today!

And don‘t miss our companion report, How To Write An Anti-Gay Tract In Fifteen Easy Steps.

Testing The Premise: Are Gays A Threat To Our Children?

Anti-gay activists often charge that gay men and women pose a threat to children. In this report, we explore the supposed connection between homosexuality and child sexual abuse, the conclusions reached by the most knowledgeable professionals in the field, and how anti-gay activists continue to ignore their findings. This has tremendous consequences, not just for gay men and women, but more importantly for the safety of all our children.

Straight From The Source: What the “Dutch Study” Really Says About Gay Couples

Anti-gay activists often cite the “Dutch Study” to claim that gay unions last only about 1½ years and that the these men have an average of eight additional partners per year outside of their steady relationship. In this report, we will take you step by step into the study to see whether the claims are true.

The FRC’s Briefs Are Showing

Tony Perkins’ Family Research Council submitted an Amicus Brief to the Maryland Court of Appeals as that court prepared to consider the issue of gay marriage. We examine just one small section of that brief to reveal the junk science and fraudulent claims of the Family “Research” Council.

Daniel Fetty Doesn’t Count

Daniel FettyThe FBI’s annual Hate Crime Statistics aren’t as complete as they ought to be, and their report for 2004 was no exception. In fact, their most recent report has quite a few glaring holes. Holes big enough for Daniel Fetty to fall through.