Boehner, House GOP Appeal Ruling That Struck Down DOMA

House Republicans today appealed a ruling by federal Judge Jeffrey White striking down the Defense of Marriage Act, the San Jose Mercury News reports:

John_boehnerIn court papers, a group of congressional Republicans defending the federal gay marriage ban revealed they are appealing the ruling to the 9th U.S. Circuit Court of Appeals. The 9th Circuit will become the second federal appeals court to now consider the legality of the Defense of Marriage Act, a 16-year-old law known as DOMA…

…The Obama administration has sided with Golinski in the case, arguing that DOMA is unconstitutional. Republicans, led by House Speaker John Boehner, have jumped in to defend the law, filing the notice of appeal on Friday. With cases unfolding in several federal courts, many experts predict the issue will wind up in the U.S. Supreme Court.

Earlier this week…
Federal Court Rules DOMA Unconstitutional [tr]
Analysis of the Ruling [tr]


  1. Emmy says

    i admit, i am ignorant when it comes to the legal process, but whats the point of these cases, when the loser can keep appealing if they don’t like the result?

  2. mike/ says

    i hope someone told Mr. Bo(h)ner that it was one of George W Bush’s ‘activist’ judges. Justice White, who rendered this decision.

    not that it would make any difference to any of the bo(h)new heads…

  3. says

    The personification of Dan Savages SANTORUM. It is time to bombard his office with email voicing the outrage of Americans who know that this is just wrong.

  4. jzn says

    There goes that liberal media making those poor republicans look anti-gay… right, sure whatever you say Mrs. Cindy McCain!

  5. Graphicjack says

    Yes, Cindy McCain, clearly the GOP is NOT anti-gay and it’s the media’s fault they have that reputation… Riiiight… What party is she talking about, because it’s not the same one as the rest of the world sees

  6. Lymis says

    ” but whats the point of these cases, when the loser can keep appealing if they don’t like the result?”

    The point is that there is an end to the process. They actually can’t keep appealing. They can take it up a few levels, and then it eventually maxes out at the Supreme Court (which gets to decide whether they even want to hear the appeal at all.)

    And while it sucks that it takes so much time, each appeal we win extends the reach of the decision. If we win at the Supreme Court, it stands as the precedent nationwide.

    What’s the alternative? Waiting until the bigots get tired of being bigots?

  7. Michaelandfred says

    Maybe Ari can answer this. If the DOJ and the courts rule a law is unconstitutional, yet congress continues to actively defend and support it, can we sue for damages?

  8. Butch says

    Dear GOProud and Log Cabin. Please explain to me again why you support the Republican Party. Try to do it with a straight face is possible.

  9. uffda says

    OK that does it with this guy. Let his office know with extreme distaste that he does not speak for any majority but that of his own ilk in a discredited party, one that cannot even begin to find a Presidential candidate worthy of the highest American values. The G in GOP stands for Grotesque.

  10. Joe says

    It sucks that Log Cabin Republicans head R. Clark Cooper and former RNC Chairman Ken Mehlman, out & gay, are co-chairing Boehner’s re-election campaign. Or are these two still ashamed of being gay?

  11. anon says

    Everyone who loses in court would like to appeal, but each step gets more expensive so it’s nice to have money. Of course, you could be Key Lay of Enron fame and die before you have a chance to appeal, which somehow negates your conviction and allows your family to keep all the loot, but then that is why there are good lawyers and not so good lawyers.

  12. Jason says

    Great… More of our taxpayer money flushed down the toilet in an attempt to prevent what should be every couple’s natural born right to pursue life, liberty and happiness! What a waste!

  13. TJ says

    Nothing says “we’re pro-gay!” like filing appeals and spending tax dollars to deny equality. Right, RICK?

  14. eddie_schirm says

    I would like to know how many MILLIONS of TAX PAYERS Dollars are being wasted by this over-bronzed crybaby, defending a bill that the US Dept of Justice has deemed “Unconstitutional” OUR taxes are being wasted on this crap! And the GOP (Greedy One Percent) Scream “Fiscal Responsibility!”, “Get Rid Of Big Government Intrusions On Our Lives”, and “Bring Down The Debt”! I think this wasteful spending should be investigated, on the defense of the Unconstitutional DOMA. Mr. Boner, or the RNC should be footing the bill for this ‘Dead Horse’ case!

  15. John says

    The Republicans can’t win on the economy (they’re obstructing everything they can, and denying the successes of the Democrats). So, they’re going after gays and women. Pathetic.

  16. jamal49 says

    I’ll bet the GoProudGirls and the LCRettes are just wriggling in their panties over their man Boehner’s macho display of hubris. They’re having orgasms I’ll bet over this wanton waste of taxpayers dollars to continue the fight over the clearly unconstitutional DOMA.