Next Front in DOMA War Set to Launch

Hoping to uphold the July 2010 ruling by federal Judge Joseph Tauro that ruled the Defense of Marriage Act unconstitutional, the Massachusetts-based Gay and Lesbian Advocates and Defenders will file a brief in an appeals court on Thursday that highlights the federal government's inability to justify the discriminatory law.

The appeals brief stems from Gill v. Office of Personnel Management, one of two DOMA lawsuits that GLAD won last year that challenge Section 3 of the bill (both rulings were decided by Tauro). Section 3 of DOMA limits the definition of marriage to one man and one woman for all federal purposes. The Bipartisan Legal Advisory Group, a standing body of the U.S. House of Representatives, is defending the law.

"In this brief, we'll draw attention to the [federal government's] Bi-Partisan Legal Advisory Group's complete inability to justify the continuing discrimination of DOMA," GLAD's Carisa Cunningham says in an e-mail. "Next Thursday, November 3, some very powerful amicus briefs will be filed on our behalf; then BLAG will have one more opportunity to respond. Arguments before the Court of Appeals could take place as soon as January 2012." Read more about GLAD's cases here.

Editor's note: A previous version of this story said that the Department of Justice was appealing Tauro's rulings. The Obama administration announced in February that it would no longer defend the constitutionality of section 3 of DOMA, which prompted the House of Representatives to convene the BLAG to defend the law.