House Democrats have now entered the fray over the Defense of Marriage Act ("DOMA").
As we reported on July 6th, the Obama Administration and GOP leadership filed petitions to seek review of recent decisions holding DOMA was unconstitutional (Obama Administration Asks the Supremes if "Everybody’s Got the Right to Love").
The Huffington Post is reporting that 132 House Democrats have filed an amicus brief in the 9th Circuit case of Golinski v. Office of Personnel Management. The Golinski case is one of two cases the Obama Administration has petitioned the U.S. Supreme Court to review.
One of the interesting arguments raised in the petition directly challenges the GOP’s argument that DOMA serves the legitimate governmental interest of creating new families and encouraging couples to have children. The Democrats argue that if that was true, then the law should deny benefits to any couple, regardless of sexual orientation, that does not have children.
The arguments raised on both sides make this a hot campaign issue for Mr. Obama and Mitt Romney. Here’s hoping the Supreme Court does not disappoint and takes on the issue.