Obama Administration Opts To Appeal Massachusetts Ruling Finding Defense Of Marriage Violated United States Constitution; Justice Department Contends It Has Obligation To Do So

Reuters reports that the Obama administration Tuesday has decided to appeal a ruling made in July by United States District Judge Joseph Tauro who delivered a ruling finding the 1996 Defense of Marriage Act – defining marriage as that only existing between one man and one woman – to be unconstitutional. Although President Obama allegedly opposes the law, Justice Department spokesperson Tracy Schmaler said the administration was defending the statute because it is obligated to defend federal laws challenged in court, Schmaler saying “As a matter of policy, the President has made clear that he believes DOMA is discriminatory and should be repealed. The Justice Department is defending the statute, as it traditionally does when acts of Congress are challenged.” Judge Tauro, ruling on a challenged to the law brought by the state of Massachusetts (where gay marriage is legal) and several other same sex couples including an employee of the United States Postal Service who was denied health coverage for her wife, found the law violated the 10th Amendment of the American Constitution which protects states’ rights, as well as the clause granting equal protection under the law. Massachusetts Attorney General Martha Coakley Tuesday released a statement that said her office will defend the district court ruling at the appeals court, saying “DOMA is an unjust, unfair and unconstitutional law that discriminates against Massachusetts married couples and their families.”