Thursday, February 24, 2011
Let me be very clear, Eric Holder is doing his job by defending the law. However, it has been determined that this law is unconstitutional and now it is his job to attempt to have that law repealed.
As the President and Attorney General moves forward, there are three things to keep in mind.
1.) What Obama and Holder have determined after a careful analysis is that discrimination cases involving sexual orientation deserve heightened scrutiny and that Section 3 of DOMA is unconstitutional. Now it is up to the district court within the jurisdiction of the Second Circuit Court of Appeals to decide whether it agrees. However, no matter what happens, as Evan Wolfson of Freedom to Marry told me, "You can't unring the Liberty Bell."
2.) DOJ attorneys have been instructed to articulate the new DOMA stance to the courts in other pending DOMA cases.
3.) The ball is now in Boehner's court to decide whether Congress will defend DOMA now that justice will not. Nevertheless, he does not have much time. As I have already mentioned, the deadline for filing arguments in the case is two weeks from tomorrow.