Gay Couples Law Blog : Atlanta Same Sex Family Law and Estate Planning Commentary : Gideon Alper : Gay Law, Domestic Partnerships

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Several news outlets reported yesterday about a brief filed the Department of Justice that defended the Defense of Marriage Act while at the same time called for its repeal.

Part of the brief pointed out that the government was not against gay adoption: "[T]he United States does not believe that DOMA is rationally related to any legitimate government interests in procreation and child-rearing."

Chris Geidner, publisher of the popular Law Dork blog, questioned the impact of this language on a Florida adoption case on appeal:

The immediate question this raised for me was whether this language could find its way down to Florida, where the court of appeals will soon be hearing the appeal of In re: Gill, a challenge to Florida’s ban on adoption by gay people. 

I don't think the brief will have that much of an effect:

• The DOJ statement at most is a statement of policy. But the Obama administration has already made several statements in favor of DOMA repeal, so this is nothing new.
• A statement in a DOJ brief has no bearing on whether or not a Florida law is constitutional.
• On the totem pole of statements that might influence a state court's decision about a state law, a policy statement in a DOJ brief about a national law is very low.