American Foundation for Equal Rights (AFER)

Or, if you prefer, a ruling on marriage equality. We knew this ruling was coming because the Ninth Circuit kindly informed us in advance that its opinion would be issued today: “The Court anticipates filing an opinion tomorrow (Tuesday, February 7) by 10:00 a.m. in Perry v. Brown, case numbers 10-16696 and 11-16577, regarding the constitutionality of Proposition 8 and the denial of a motion to vacate the lower court judgement in the case.”

The Ninth Circuit’s practice of providing advance notice of certain opinion filings is very helpful to those who cover the court. It would be nice if other circuit courts followed the Ninth Circuit’s lead. (Yes, I just typed that sentence.)

Now, let’s find out how the three-judge panel ruled in Perry v. Brown (formerly known as Perry v. Schwarzenegger)….

double red triangle arrows Continue reading “Breaking: Ninth Circuit Issues Landmark Ruling on Gay Marriage”

President Obama has directed the Department of Justice to stop defending Section 3 of the Defense of Marriage Act (DOMA), the 1996 law prohibiting federal recognition of same-sex marriage. Attorney General Eric Holder’s letter explaining the decision to Speaker of the House John Boehner appears here.

In other marriage-equality-related news, the American Foundation for Equal Rights (AFER) — the organization represented by Ted Olson and Davis Boies inthe Prop 8 litigation — has filed a motion in the Ninth Circuit, asking that court to lift its stay on same-sex marriage in California.

Read more at the links below.

UPDATE: For some reactions to this news, see, e.g., the ACLU (pleased) and Ted Frank (displeased).

BREAKING: DOJ Will No Longer Defend Section 3 of DOMA [Poliglot / Metro Weekly]
Obama Orders End to Defense of Federal Gay Marriage Law [New York Times]
AFER Asks U.S. Court of Appeals to Lift the Stay on Marriage for Gay and Lesbian Couples [American Foundation for Equal Rights]