Honest, paywall-free news is rare. Please support our boldly independent journalism with a donation of any size.
The US Department of Justice (DOJ) [official website] on Thursday filed a brief [text, PDF] with the US Court of Appeals for the First Circuit defending the constitutionality of Section 3 of the Defense of Marriage Act (DOMA) [text; JURIST news archive]. The appeal follows a July ruling [JURIST report] by the US District Court for the District of Massachusetts which found that Section 3 of DOMA, which defines marriages as being between a man and a woman, violates both the Equal Protection Clause of the Fifth Amendment and State Sovereignty under the Tenth Amendment [text]. In its brief, the DOJ contends that DOMA is in line with those sections of the constitution, stating that DOMA was “rationally related” to maintaining “consistency in the distribution of federal marriage-based benefits.” The DOJ further contended that DOMA was permissible under Garcia v. San Antonio Metropolitan Transit Authority [text] because the act, as a “proper exercise of Congress’ Spending Clause authority”, does not violate the Tenth Amendment. Despite a footnote within the brief stating that the DOJ follows a practice of defending federal statutes even if the administration disagrees with the law, rights groups expressed disappointment [HRC press release] with the filing.
Likely buoyed by the result in Massachusetts, in November other rights groups filed multiple suits challenging the constitutionality of DOMA [JURIST report]. Consistent with its statement in this most recent brief, the Obama administration has extended some federal benefits [JURIST report] to same-sex couples, including allowing domestic partners to be added to insurance programs, to use medical facilities, and to be included in family size and house allocation considerations. In June, Obama ordered executive agencies to expand [JURIST report] federal childcare subsidies and services and travel and relocation payments to the same-sex partners of federal employees and their children.
A terrifying moment. We appeal for your support.
In the last weeks, we have witnessed an authoritarian assault on communities in Minnesota and across the nation.
The need for truthful, grassroots reporting is urgent at this cataclysmic historical moment. Yet, Trump-aligned billionaires and other allies have taken over many legacy media outlets — the culmination of a decades-long campaign to place control of the narrative into the hands of the political right.
We refuse to let Trump’s blatant propaganda machine go unchecked. Untethered to corporate ownership or advertisers, Truthout remains fearless in our reporting and our determination to use journalism as a tool for justice.
But we need your help just to fund our basic expenses. Over 80 percent of Truthout’s funding comes from small individual donations from our community of readers, and over a third of our total budget is supported by recurring monthly donors.
Truthout’s fundraiser ended last night, and we fell just short of our goal. But your support still matters immensely. Whether you can make a small monthly donation or a larger one-time gift, Truthout only works with your help.