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Predictably, DoJ Appeals Federal Ruling Branding DOMA’s Sec. 3 Unconstitutional

On the last possible day, the Department of Justice filed notice of appeal in Gill v. Office of Personnel Management and Massachusetts v. HHS, the two cases that had federal judge Joseph Tauro in July rule unconstitutional Section 3 of the Defense of Marriage Act. That portion of the act, which bars the federal government from recognizing same-sex marriages approved by individual states, “violates … equal protection principles,” Tauro ruled. DoJ, which the White House continues saying must defend all laws on the books, will argue the opposite moving forward, despite President Obama personally declaring the law is discriminatory.

Why Did the Gays Who Beat Down DOMA Agree With DoJ to Stay the Judge’s Ruling?