Today, the Department of Justice filed a brief in federal court employee Karen Golinski's federal court challenge, supporting her lawsuit seeking access to equal health benefits for her wife and arguing strongly that the Defense of Marriage Act is unconstitutional in terms unparalleled in previous administration statements.
In a brief filed on behalf of the Office of Personnel Management and other federal defendants, DOJ acknowledged the U.S. government's "significant and regrettable role" in discrimination in America against gays and lesbians.
The summary of the DOJ argument that Golinski's case should not be dismissed begins simply: "Section 3 of the Defense of Marriage Act, 1 U.S.C. Section 7 ('DOMA'), unconstitutionally discriminates."...
DOJ states: "Section 3 fails this analysis."
After detailing why, the brief concludes, "[T]he official legislative record makes plain that DOMA Section 3 was motivated in substantial part by animus toward gay and lesbian individuals and their intimate relationships, and Congress identified no other interest that is materially advanced by Section 3. Section 3 of DOMA is therefore unconstitutional."
The importance of this brief is that DOJ moves from a position of passively no longer defending DOMA to a pro-active stance of arguing for its unconstitutionality.
Its becoming increasingly clear to me that should Eric Holder continue his role in the Obama administration, he will go down as one of the strongest advocates of progressive civil rights in this country's history. That will increasingly make him a target of the right. And its why I'll say once again that I'll have his back.
And yeah, I'm smiling a bit at the crow Lt. Dan Choi is going to have to eat over this one.
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