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Obama Orders End to Defense of Federal Gay Marriage Law

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#1

Obama Orders End to Defense of Federal Gay Marriage Law

According to the Washington Post:
A well-placed and trusted source tells me that, any minute now, Attorney General Eric Holder will issue a statement announcing that it will no longer defend so-called Defense of Marriage Act lawsuits in court. The source believes DOJ had come to the conclusion that heightened scrutiny would apply, and that these cases cannot be defended in court. A 530d letter has been sent to Congress informing it that, if it wants to defend the statute, it is free to do so. A case is pending now that has a filing deadline of March 11.

This is huge, folks. By definitively stating that gay men and lesbians deserve heightened scrutiny, the Obama administration is declaring that there is no government interest in perpetuating the discrimination aggrieved parties are trying to redress.

Washington Post

Updated On: 2/23/11 at 12:18 PM

#3

Breaking News: Obama action against DOMA coming

Will this have an impact on same-sex families post-DADT? Will this have an impact on the Prop8 case that's on its way to the SCOTUS?
"It does me no injury for my neighbour to say there are 20 gods or no god. It neither picks my pocket, nor breaks my leg." -- Thomas Jefferson
#4

Breaking News: Obama action against DOMA coming

I'm not sure how it impacts the court cases already in progress, but having the DOJ say that even parts of DOMA are unconstitutional, and shouldn't be defended, is a huge step in the right direction.

Oh happy day!
Finish each day and be done with it. You have done what you could. Some blunders and absurdities no doubt crept in; forget them as soon as you can. Tomorrow is a new day; begin it well and serenely and with too high a spirit to be enbered with your old nonsense. ~ Emerson
#5

Breaking News: Obama action against DOMA coming

This link takes you to a HuffPo article that contains the text of the letter.
DOMA
"It does me no injury for my neighbour to say there are 20 gods or no god. It neither picks my pocket, nor breaks my leg." -- Thomas Jefferson
#6

Breaking News: Obama action against DOMA coming

Attorney General Eric H. Holder Jr. sent a letter to Congress on Wednesday saying that the Justice Department will now take the position in court that the Defense of Marriage Act should be struck down as a violation of gay couples’ rights to equal protection under the law.

“The President and I have concluded that classifications based on sexual orientation warrant heightened scrutiny and that, as applied to same-sex couples legally married under state law,” a crucial provision of the act is unconstitutional, Mr. Holder wrote.

The move is sure to be welcomed by gay-rights advocates, who had often criticized Mr. Obama for moving too slowly in his first two years in office to address issues that concern them. Coming after the administration successfully pushed late last year for repeal of the military’s ban on gay men and women serving openly, the change of policy on the marriage law could intensify the long-running political and ideological clash over gay marriage as the 2012 presidential campaign approaches.
NY Times
#7

Breaking News: Obama action against DOMA coming

Hate to be a party pooper, but it's important to remember that this is an executive decision, and subject to the whim of a successor. It doesn't carry the long-term weight of an act of Congress or a SCOTUS decision. Not sure how this impacts the journey of pending court cases. Without the federal government to defend them, will they get all the way to the SCOTUS?
"It does me no injury for my neighbour to say there are 20 gods or no god. It neither picks my pocket, nor breaks my leg." -- Thomas Jefferson
#8

Breaking News: Obama action against DOMA coming

Yes Brain- but the scope is larger than that even- As much as I agree that DOMA is an indefensible proposition, The President shouldn't be in the business of deciding what to defend and what not to. This sets precedent- if a future president doesn't like the health care law, he can decide not to defend it, for example.
#9

Breaking News: Obama action against DOMA coming

Obama: Democrats in two states are fleeing their responsibilities. Quick, what can we do to get the nation's attention off of them?
If anyone ever tells you that you put too much Parmesan cheese on your pasta, stop talking to them. You don't need that kind of negativity in your life.
#10

Breaking News: Obama action against DOMA coming

Instead of tossing out that base accusation for a third time, just type REPUBLICAN TALKING POINT #456 and we'll know what you mean.
#11

Breaking News: Obama action against DOMA coming

Incidentally Goth, now that you know how to link, could you post a link to a story that shows any polling that Republicans have the public support in the Wisconsin standoff- the polling I see here shows about a 2-to-1 margin for the fleeing Dems.

Updated On: 2/23/11 at 03:13 PM

#13

Breaking News: Obama action against DOMA coming

A very nice little gesture on the part of Our Fierce Advocate. I wonder what prompted such an abrupt about face. They'd been so adamant that they just HAD to defend DOMA.

And of course, Obama himself remains opposed to Marriage Equality.

"If they can get you asking the wrong questions, they don't have to worry about the answers." Thomas Pynchon, GRAVITY'S RAINBOW "Reality is that which, when you stop believing in it, doesn't go away." Philip K. Dick My blog: http://www.roscoewrites.blogspot.com/

Updated On: 2/23/11 at 04:13 PM

#16

Breaking News: Obama action against DOMA coming

I'm genuinely curious: When Fox gets something pretty much exactly backward (like these poll numbers, or putting a "D" by the name of a sex-scandal-ridden Republican senator), do they ever correct it?

Or do they, like Goth, just pretend it never happened?
#17

Fox Is Not Big Enough To Admit They Have LIED,er,Made Mistakes I Mean.

A Republican apologizing or admitting a mistake is a sign of weakness.Fox Has NEVER Corrected a News Story Because ONLY The Liberal Media Makes mistakes.
'There are three sides to every story. My side, your side, and the truth. And no one is lying. Memories shared serve each one differently' -Robert Evans-
#19

Fox Is Not Big Enough To Admit They Have LIED,er,Made Mistakes I Mean.

I've been trying to figure out the logic of the timing of this, and after reading some articles, it's starting to make some sense. By notifying Congress of their intent not to defend DOMA, the Obama administration has tossed a political grenade into the House GOP's lap. It is well within the GOP's powers to defend DOMA themselves, but would/should they? Their base would certainly expect them to, but public opinion is certainly moving against it.
"It does me no injury for my neighbour to say there are 20 gods or no god. It neither picks my pocket, nor breaks my leg." -- Thomas Jefferson
#20

Fox Is Not Big Enough To Admit They Have LIED,er,Made Mistakes I Mean.

Heh, heh, heh....SO! You fell into my marriage trap, did you?? You will never escape alive!

Seriously, this was a beyond ballsy move. And righteous. And terribly exciting to watch.
"Impossible is just a big word thrown around by small men who find it easier to live in the world they've been given than to explore the power they have to change it. Impossible is not a fact. It's an opinion. Impossible is not a declaration. It's a dare. Impossible is potential. Impossible is temporary. Impossible is nothing.” ~ Muhammad Ali
#21

Fox Is Not Big Enough To Admit They Have LIED,er,Made Mistakes I Mean.

Agreed Borstal. I'm almost shocked he had the guts to do it. It was amazing watching the Republican talking heads on CNN yesterday. They are caught between an rock and a hard place. Now the Republicans are stuck in a Catch 22. If they don't defend it their base will be pissed off. If they do defend it everyone else will be pissed that they're not doing anything about the economy. Brilliant move Mr. President.
#22

Fox Is Not Big Enough To Admit They Have LIED,er,Made Mistakes I Mean.

Again, the Republicans tell the big lie: Their focus is on the economy and jobs, jobs, jobs. except...they have not introduced a single jobs bill and instead have spent the last two months dealing with such pressing issues as reading the constitution aloud, de-funding planned parenthood and redefining rape.
#23

Fox Is Not Big Enough To Admit They Have LIED,er,Made Mistakes I Mean.

In fact, virtually every bill that has come out of Boehner's house, from healthcare repeal to budget cuts, would INCREASE UNEMPLOYMENT, according to the non-partisan Congressional Budget Office.
"It does me no injury for my neighbour to say there are 20 gods or no god. It neither picks my pocket, nor breaks my leg." -- Thomas Jefferson
#25

Fox Is Not Big Enough To Admit They Have LIED,er,Made Mistakes I Mean.

"'While Americans want Washington to focus on creating jobs and cutting spending, the president will have to explain why he thinks now is the appropriate time to stir up a controversial issue that sharply divides the nation,' said Michael Steel, a spokesman for Mr. Boehner."

I don't get the logic here. Surely by NOT spending resources defending a law the administration thinks is unconstitutional, it will have even MORE time to "focus on creating jobs and cutting spending," no?

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