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Will Obama Let Martha Coakley Have DOMA Declared Unconstitutional Without a Trial?

Now that she’s not headed to Washington D.C., Massachusetts Attorney General Martha Coakley has some time to get back to that DOMA lawsuit she filed. And yesterday in new court papers (PDF here), she laid out her plans for getting the federal government to nix the discriminatory law: without a trial.

Indeed, Coakley simply wants a judge to declare DOMA unconstitutional in a summary judgment, and let that be that. In Thursday’s motion, Coakely told the U.S. District Court, “Massachusetts cannot receive or retain federal funds if it gives same-sex and different-sex spouses equal treatment, namely by authorizing the burial of a same-sex spouse in a federally-funded veterans’ cemetery and by recognizing the marriages of same-sex spouses in assessing eligibility for Medicaid health benefits.” That is: It’s discriminatory.

Now it’s up to the Justice Department to decide whether once again, it will defend the law Obama himself believes to be unconstitutional, or side with Coakley and throw up its hands. We’ll find whether Obama is going to give old pal Coakley and America’s gays some relief by April 30, the deadline for a response.