Today the Department of Justice requested that the Supreme Court hear Lambda Legal’s challenge to the Defense of Marriage Act as well as the Gill v. OPM case, a unanimous ruling challenging DOMA.
DOJ is asking for the Supreme Court to take the case before the appeals court, which is supposed to hear arguments in September, gets to make a decision. DOJ stopped supporting DOMA in February 2011 after a determination from President Obama. Here’s their reasoning for filing the request:
Although the Executive Branch agrees with the district court’s determination in this case that Section 3 is unconstitutional, we respectfully seek this Court’s review so that the question may be authoritatively decided by this Court. As explained above, to ensure that the Judiciary is the final arbiter of Section 3’s constitutionality, the President has instructed Executive departments and agencies to continue to enforce Section 3 until there is a definitive judicial ruling that Section 3 is unconstitutional.
Basically, DOMA is unconstitutional, and we want the Supreme Court to just hurry up and say so. Let’s do this.