Obama orders end to defense of Defense of Marriage Act
Defense of Marriage Act unconstitutional, says Obama to the Department of Justice
Obama declares Defense of Marriage Act unconstitutional
The president orders the Department of Justice to stop defending Defense of Marriage Act in court
From Salon.com
According to National Journal, President Barack Obama has declared the Defense of Marriage act unconstitutional. The administration made the announcement a few minutes ago and will alert Congress later today:"The President believes that DOMA is unconstitutional. They are no longer going to be defending the cases in the 1st and 2nd circuits," a person briefed on the decision said.
Attorney General Eric Holder confirmed the report in a statement to the press:
After careful consideration, including a review of my recommendation, the President has concluded that given a number of factors, including a documented history of discrimination, classifications based on sexual orientation should be subject to a more heightened standard of scrutiny. The President has also concluded that Section 3 of DOMA, as applied to legally married same-sex couples, fails to meet that standard and is therefore unconstitutional. Given that conclusion, the President has instructed the Department not to defend the statute in such cases. I fully concur with the President’s determination.
Like. The directness. The president drew the conclusion; he's not using Justice dept lawyers for political cover.
His thinking has evolved, eh?
Posted by John B. Chilton![[TypeKey Profile Page]](http://www.episcopalcafe.com/lead/nav-commenters.gif)
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February 23, 2011 1:37 PM
DOMA is still the law of the land and still enforced.. and will be, until Congress overturns it, or SCOTUS does.
THis only says that the DoJ will not defend DOMA's section 3 (specific to federal recognition of legal same sex marriages) using rational basis standards in federal court, particularly the 2nd district.
They are saying that GLBT people are entitled to "heightened scrutiny". But the law is still in force.
From AG Holder's letter to Speaker Boehner:
Notwithstanding this determination, the President has informed me that Section 3 will continue to be enforced by the Executive Branch. To that end, the President has instructed Executive agencies to continue to comply with Section 3 of DOMA, consistent with the Executive’s obligation to take care that the laws be faithfully executed, unless and until Congress repeals Section 3 or the judicial branch renders a definitive verdict against the law’s constitutionality. This course of action respects the actions of the prior Congress that enacted DOMA, and it recognizes the judiciary as the final arbiter of the constitutional claims raised.
Susan Forsburg
Posted by IT![[TypeKey Profile Page]](http://www.episcopalcafe.com/lead/nav-commenters.gif)
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February 23, 2011 2:50 PM
http://www.boxturtlebulletin.com/2011/02/23/30788
Olson asks for Prop 8 stay to be lifted – references Obama’s DOMA decision
Olson: "The conclusion of the United States that heightened scrutiny applies to classifications based on sexual orientation is unquestionably correct. Proposition 8 cannot survive the requirements of heightened scrutiny because its invidious discrimination against gay men and lesbians could not conceivably further an important government interest. Indeed, proponents have made no serious attempt to defend Proposition 8 under that exacting standard."
Posted by John B. Chilton![[TypeKey Profile Page]](http://www.episcopalcafe.com/lead/nav-commenters.gif)
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February 23, 2011 3:35 PM
But Susan, WILL it be enforced, when they KNOW any SSM'd person denied Federal marriage benefits, can SUE? And the Federal agency sued will receive NO legal defense?
I think Tax Time this year will be particularly interesting!
JC Fisher
Posted by tgflux![[TypeKey Profile Page]](http://www.episcopalcafe.com/lead/nav-commenters.gif)
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February 24, 2011 3:49 AM