Round One: Double Whammy

U.S. District Judge Joseph Tauro gave our "fierce advocate's" justice department a black eye yesterday in two cases seeking to invalidate DOMA.

The two cases, Gill vs. OPM and Massachusetts vs. HHS were brought against Section 3 of DOMA, dealing with recognition of marriage for federal benefits. According to Judge Tauro, Section 3 doesn't even survive rational basis examination. (Here's a nice summary from Timothy Kincaid.)

Here's the decision in Gilll; the rational basis discussion begins on page 21 and it's choice -- Tauro demolishes the government's argument in detail.

Decision in Gill v. OPM

(I happen to think the rational basis part is key: if DOMA can't stand that very deferential level of scrutiny, it's doomed.)

And here's the decision in Massachusetts:

DOMA decision in Mass AG case

Tauro found that DOMA impermissibly infringes on state sovereignty in determining the validity of marriages and the treatment of legally married couples.

And both were summary judgments -- meaning there is no dispute on the basic facts, only on matters of law, in which the government is sitting there with egg on its face.

So DOMA violates the Equal Protection Clause of the Fourteenth Amendment, and violates the state sovereignty provision of the Tenth Amendment.

I don't doubt for a minute that the Obama administration will appeal. Obama only refuses to defend laws that he doesn't find useful. What use he has for DOMA is beyond me, but it will go to SCOTUS. Interesting to see what happens there -- the Court may even rule on the basis of law and not ideology.