Will Obama's DOJ appeal the ruling against DOMA to a higher court?

[BR_Parkway]

Poll question: Will Obama's DOJ appeal the ruling against DOMA to a higher court?

"We fully expect that the Obama administration will appeal the decision. It would be unusual if they didn't. Typically, when a court strikes down a law as unconstitutional, the government appeals it. To be honest, we think that would be good. The federal government wants to discriminate against gay and lesbian couples, and that's just not enough to stand constitutional scrutiny." - GLAD attorney Janson Wu, speaking to Raw Story about yesterday's DOMA decision.

http://joemygod.blogspot.com/2010/07/homoquotable-janson-wu.html

[Deep13]

1. Yes, it's their duty to defend Federal statutes...

...from Constitutional challenge. I don't like it any better than anyone else here, but that is part of the DOJ's job.

[blondeatlast]

2. But they can decide how quickly they want to challenge; this might be a good decision

for the Obama DoJ to let slide.

[Deep13]

6. In my mind it is unquestionably unconstitutional.

The Feds. do not have the power to regulate marriage. That is a Common Law matter that is left to the States, provided the state does not use an unconstitutional criterion in its laws. For example, it is hard to see how discrimination on sexual orientation does not violate the equal protection clause of the 14th Amendment.

[BR_Parkway]

3. Considering some of the talking points presented in other filings by DOJ

it'll certainly be an interesting read when it does get filed

[Renew Deal]

9. That's where I'm at

And I hope I'm wrong.

[QC]

4. I wonder if we will be compared to uncles who fuck their nieces again.

That was lovely.

[Radical Activist]

5. If the Supreme Court agrees with the lower court

it would make the decision national. Other courts couldn't make a different interpretation of the law like they can now. So, it could be a good thing depending on how we think the Supreme Court will rule after Cagan is on.

[BR_Parkway]

7. But 2 different cases were decided yesterday - if SCOTUS agrees

with one of them, then overall law says it's up to the states - which allows the state constitutions to stand as one man/one woman at a time.

If they agree with the other decision, then it would have to wipe those out and allow marriage equality in all states.

Then there's Judge walker and the Prop 8 decision still to come.

[Radical Activist]

10. So one decision or the other needs to be reviewed by the Supreme court.

Or, they may hear them both at once. It seems like a S.C. decision has to come eventually and an appeal by the DOJ is just the next in that process.

[BR_Parkway]

8. double post, sorry