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District Court Judge Hears Arguments in Gill

Oral arguments are heard in Boston by District Court Judge Joseph Tauro, a Nixon appointee, in the Gill case.  As lawyers for the federal government make clear, the Obama administration finds itself in an unusual situation: while President Obama has publicly stated that he would like to see DOMA repealed, it falls to the Justice Department to defend federal laws in court.  “The government does not presently support DOMA,” Justice Department attorney W. Scott Simpson tells the court, “and would like to see it repealed. But we do argue for its constitutionality.”

Representing GLAD and the plaintiffs, Mary Bonauto argues that the history of DOMA’s passage in Congress demonstrates that it was unconstitutionally passed in an effort to express “moral disapproval of homosexuality.”

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