DOJ Has 60 Days To Appeal Ruling That Declared DOMA Unconstitutional

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http://tpmmuckraker.talkingpointsmemo.com/2010/08/doj_has_60_days_to_appeal_ruling_that_declared_dom.php

Hot on the heels of the Prop 8 ruling in California that determined a ban on same sex marriage violates California's constitution, a federal judge officially entered his judgment in a case challenging the Defense of Marriage Act, giving the federal government 60 days to decide whether to appeal.

Judge Joseph Tauro ruled in early July that DOMA, which defines marriage as between one man and one woman, is unconstitutional. Yesterday, he officially entered the judgment, starting a 60-day clock for the Justice Department to decide whether to appeal his ruling.

Tauro also approved a stay for his ruling, pending appeal. The plaintiffs, represented by GLAD, didn't fight the stay. GLAD said the stay is in its clients' best interests, adding that only a "final victory" ensures that they will have access to the Social Security and other benefits of their spouses.

The DOJ has not yet decided whether to appeal the case, the head government lawyer told the Bay Area Reporter.