giving up

DoJ Already Pussying Out Of DOMA Cases

Gill v. Office of Personnel Management and Massachusetts v. HHS, the two cases that had a federal judge in July declaring DOMA’s Section 3 is unconstitutional, and which the Obama administration’s attorneys repeatedly tried to dismiss, will no longer have the participation of the Department of Justice. Government attorneys notified the First Circuit they will “cease to defend” the law in those cases. “The DOJ has not sent a letter to the Congress declining to defend DOMA in toto in the Gill case,” relays Gay & Lesbian Advocates & Defenders, “so its determination may only apply to the extent the court determines that heightened scrutiny is the proper standard of review for DOMA’s constitutionality. No matter what happens, the case will proceed with DOJ as the attorneys for the government defendants.” Sad, because I was really looking forward to seeing whether DoJ was going to make the case that gays can stop being gay if the chose.