The Obama administration will appeal the Massachusetts ruling in favor of same sex marriage. The Justice Department will defend the 1996 Defense of Marriage Act, or DOMA. This action will further alienate civil libertarians and liberals — particularly at a time when the Administration is trying to preserve the Don’t Ask Don’t Tell policy in a California case. Now on both coasts, the Obama Administration is fighting to continue discrimination against gays and lesbians.
As with DADT, DOMA was the creation of President Bill Clinton and continues to deny basic rights to gay and lesbian citizens.
The Administration, which has the discretion not to appeal, has filed a notice of appeal to overturn the rulings of U.S. District Judge Joseph Tauro in Boston who declared that DOMA violated the equal protection clause and the 10th Amendment.