How Lawyers Viewed the DOMA Arguments

The National Law Journal


Recorder sibling publication The National Law Journal asked several lawyers for a fast analysis of Wednesday's Supreme Court fight over the constitutionality of Section 3 of the federal Defense of Marriage Act of 1996, which defines marriage as between a man and woman for all federal purposes. Their reactions to the arguments follow:

Judith Schaeffer, Center for Constitutional Accountability vice president:
"A majority of justices today appeared to regard DOMA for what it is: a pervasive program of discrimination that changes 1,100 laws and touches every aspect of life."

Elizabeth Wydra, CAC chief counsel:
"To great applause, at least in the lawyers lounge, Justice Kagan pushed back again at the argument that DOMA is a benign federal law by citing blatantly discriminatory comments in the U.S. House reports."

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