g********d
发帖数: 4174 | 1 Posted on Advocate.com June 30, 2011 06:25:00 PM ET
DOJ Gives Congress "Fair" Shot at DOMA Defense
By Michelle Garcia
The federal government has decided to appeal a bankruptcy court's decision
that found the Defense of Marriage Act unconstitutional.
U.S. bankruptcy judge Thomas Donovan ruled earlier this month that gay and
lesbian couples should be able to file for bankruptcy protection together
and that DOMA is unconstitutional. The ruling was in reference to Gene Balas
and Carlos Morales, who were legally married in California in 2008 and had
filed for bankruptcy protection under Title 11 of the U.S. Code. The couple
had been struggling financially after dealing with serious illnesses and
unemployment. The United States Trustee moved to dismiss this case, citing
DOMA.
Under the direction of President Obama, the U.S. Department of Justice
announced the day before Balas and Morales's bankruptcy filing that it would
no longer defend DOMA in court. While the House Bipartisan Legal Advisory
Group has decided to defend DOMA in court on the government's behalf, it has
not yet intervened in this case.
Instead, the Department of Justice filed to appeal the ruling Monday.
Assistant U.S. Trustee Jill Sturtevant wrote that the DOJ "is interested in
providing Congress a full and fair opportunity to participate in this and
other cases," according to the Associated Press. | g********d
发帖数: 4174 | 2 这个案子大家可能没注意到。A California bankruptcy court allowed a same-sex
couple to file a joint bankruptcy petition on Monday, ruling that denying
their petition under the federal Defense of Marriage Act would violate the
couple’s equal protection rights under the Fifth Amendment. 24个California
bankruptcy court judges里20个cosign了这个判决。 | p********i
发帖数: 1963 | 3 如果判违反宪法，是不是以后可以一起申请破产了？
还是说整个doma就废掉了啊？
California
【在 g********d 的大作中提到】
: 这个案子大家可能没注意到。A California bankruptcy court allowed a same-sex
: couple to file a joint bankruptcy petition on Monday, ruling that denying
: their petition under the federal Defense of Marriage Act would violate the
: couple’s equal protection rights under the Fifth Amendment. 24个California
: bankruptcy court judges里20个cosign了这个判决。
| g********d
发帖数: 4174 | 4 Posted on Advocate.com July 08, 2011 01:55:00 PM ET
Govt. Withdraws Appeal in Bankruptcy Case
By Michelle Garcia
U.S. Bankruptcy Court for the Central District of California Los Angeles
x390 (fair) | ADVOCATE.COM
The federal government has requested to withdraw its appeal challenging a
bankruptcy court's ruling in favor of a gay couple who attempted to file
jointly for bankruptcy.
Justice Department spokeswoman Tracy Schmaler told Metro Weekly that the
withdrawal reflects the new policy on such filings despite the Defense of
Marriage Act's banning of federal recognition of gay unions and marriages.
"The Department of Justice has informed bankruptcy courts that it will no
longer seek dismissal of bankruptcy petitions filed jointly by same-sex
debtors who are married under state law," she said in the article.
The case concerned Gene Balas and Carlos Morales, who legally wed in
California in 2008 and then fell on hard times due to unemployment and
medical issues. They filed jointly for bankruptcy protection in February. In
June, 20 of 25 judges in the Los Angeles–based U.S. Bankruptcy Court for
the Central District of California ruled in the couple's favor and said that
DOMA is unconstitutional.
The Department of Justice then filed to appeal the ruling to give Congress,
which has taken on defending DOMA in court, the option of getting involved
in the case. The congressional Republican-majority House Bipartisan Legal
Advisory Group, after consulting with the DOJ, decided not to intervene. | g********d
发帖数: 4174 | |
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