News

Republican-Appointed Judges Again Strike Down DOMA as Anti-Federalist and Unconstitutional

May 31, 2012

(Washington, DC) - The First Circuit Court of Appeals has upheld two lower court rulings finding that the so-called "Defense of Marriage" Act is unconstitutional. The unanimous three judge panel included two Republican appointees, including the author of the opinion.

"Once again, the so-called 'Defense of Marriage' Act has been struck down as not only discriminatory against gay families, but as offensive to the Constitution's guarantees of federalism and individual liberty," said R. Clarke Cooper, Log Cabin Republicans Executive Director. "It is worth noting that the author of this opinion is a well-respected Republican appointee, and that the lower court decisions upheld by the First Circuit today were written by Judge Joseph Tauro, a Nixon appointee. Similarly, earlier this year a George W. Bush appointee in the Ninth Circuit ruled against DOMA. As Judge Michael Boudin wrote, 'no precedent exists for DOMA's sweeping general "federal" definition of marriage' and 'DOMA intrudes extensively into a realm that has from the start of the nation been primarily confided to state regulation.' Conservative principles demand that DOMA fall, and Log Cabin Republicans remain committed to building bipartisan support for its repeal."