A judge ruled on Wednesday that Defense of Marriage Act is unconstitutional, but the GOP has moved quickly to appeal that decision.
Because President Obama's Justice Department has abandoned any legal defense of DOMA, the House Republicans have picked up the case instead. And the five-member House Bipartisan Legal Advisory Group voted today to appeal the ruling to the 9th U.S. Circuit Court of Appeals, reports The Hill newspaper.
The two Democrats on the committee aren't supporting the appeal. But it's divided along party lines so Republicans, led by Speaker John Boehner, maintain control.
The plaintiff in the case, Karen Golinski, is an attorney who is actually employed by the federal appeals court. She argues — and U.S. District Judge Jeffrey White agreed — that her rights were violated under the equal protection clause of the U.S. Constitution when she was denied spousal benefits that heterosexual employees receive.