DOMA in bankruptcy court

Marshall Thompson 

A year ago, it seemed to me that the Defense of Marriage Act, or DOMA, wasn’t going anywhere despite some challenges to it in federal court. Then the Obama administration announced that it would not defend the law, which it considered to be unconstitutional. Now a bankruptcy court in California has struck down the law, stating that DOMA violates the 5th Amendment. Some have speculated that a bankruptcy case might move up faster than the other challenges. With five other cases currently challenging DOMA, the only question is: which one will get to the Supreme Court first?

In other good news, a federal judge in California ruled that gay people in committed relationships can still be judges. Judge Vaughn Walker’s ruling striking down California’s ban on gay marriage will stand.


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