Obama Admin will no longer defend DOMA

  • Posted by a hidden member.
    Log in to view his profile

    Feb 23, 2011 5:45 PM GMT
    Attorney General Eric Holder has made the following announcement today:


    "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.

    Consequently, the Department will not defend the constitutionality of Section 3 of DOMA as applied to same-sex married couples in the two cases filed in the Second Circuit. We will, however, remain parties to the cases and continue to represent the interests of the United States throughout the litigation. I have informed Members of Congress of this decision, so Members who wish to defend the statute may pursue that option. The Department will also work closely with the courts to ensure that Congress has a full and fair opportunity to participate in pending litigation.

    Furthermore, pursuant to the President ’ s instructions, and upon further notification to Congress, I will instruct Department attorneys to advise courts in other pending DOMA litigation of the President's and my conclusions that a heightened standard should apply, that Section 3 is unconstitutional under that standard and that the Department will cease defense of Section 3.
  • CuriousJockAZ

    Posts: 19138

    Feb 23, 2011 6:06 PM GMT
    This is good news!!! icon_lol.gif
  • Posted by a hidden member.
    Log in to view his profile

    Feb 23, 2011 6:42 PM GMT
    I'm not surprised. I felt like this was coming.
  • tongun18

    Posts: 593

    Feb 23, 2011 6:54 PM GMT
    Excellent! My only concern is that this will further delay any action on the economy. I can see social conservatives getting their hackles up over this and focus attention on this instead of the economy. I suppose one can hope the Republicans will let this pass through and maintain focus on economic issues as was their campaign promise but something tells me that ain't gonna happen.
  • Posted by a hidden member.
    Log in to view his profile

    Feb 23, 2011 7:03 PM GMT
    tongun18 saidExcellent! My only concern is that this will further delay any action on the economy. I can see social conservatives getting their hackles up over this and focus attention on this instead of the economy. I suppose one can hope the Republicans will let this pass through and maintain focus on economic issues as was their campaign promise but something tells me that ain't gonna happen.


    Frankly, I think that's why the Obama team were coasting on it. But since the right-wingers are starting marriage fights (again) in the states, they probably figure "what the hell."
  • Posted by a hidden member.
    Log in to view his profile

    Feb 23, 2011 7:05 PM GMT
    Woohoo!

    http://www.huffingtonpost.com/2011/02/23/obama-doma-unconstitutional_n_827134.html
  • tongun18

    Posts: 593

    Feb 23, 2011 7:20 PM GMT
    Christian73 said
    tongun18 saidExcellent! My only concern is that this will further delay any action on the economy. I can see social conservatives getting their hackles up over this and focus attention on this instead of the economy. I suppose one can hope the Republicans will let this pass through and maintain focus on economic issues as was their campaign promise but something tells me that ain't gonna happen.


    Frankly, I think that's why the Obama team were coasting on it. But since the right-wingers are starting marriage fights (again) in the states, they probably figure "what the hell."


    Its possible they were waiting to use DADT as a stepping stone as well. Holder's letter to Boehner cites the DADT Repeal Act as part of the reason the Justice Department and the Administration now find DOMA unconstitutional.
  • Posted by a hidden member.
    Log in to view his profile

    Feb 23, 2011 7:27 PM GMT
    tongun18 saidExcellent! My only concern is that this will further delay any action on the economy. I can see social conservatives getting their hackles up over this and focus attention on this instead of the economy. I suppose one can hope the Republicans will let this pass through and maintain focus on economic issues as was their campaign promise but something tells me that ain't gonna happen.



    The Repubs have already been dredging up the divisive abortion issue in Congress repeatedly, breaking their promise to voters to focus on economic issues.
    If the Repubs start spending a lot of time on anti-gay legislation, it will be very damaging to them.
    Voters didn't vote for that, and the polls show that Americans have become supportive of gay rights.
  • creature

    Posts: 5197

    Feb 23, 2011 7:42 PM GMT
    Fantastic.

    I wonder how musclemed will spin this.
  • creature

    Posts: 5197

    Feb 23, 2011 7:49 PM GMT
    rickrick91 said
    tongun18 saidExcellent! My only concern is that this will further delay any action on the economy. I can see social conservatives getting their hackles up over this and focus attention on this instead of the economy. I suppose one can hope the Republicans will let this pass through and maintain focus on economic issues as was their campaign promise but something tells me that ain't gonna happen.



    The Repubs have already been dredging up the divisive abortion issue in Congress repeatedly, breaking their promise to voters to focus on economic issues.
    If the Repubs start spending a lot of time on anti-gay legislation, it will be very damaging to them.
    Voters didn't vote for that, and the polls show that Americans have become supportive of gay rights.


    Did you hear how one Georgia state representative wants to make it punishable by death for a woman to have an abortion, or even have a miscarriage
  • creature

    Posts: 5197

    Feb 23, 2011 7:49 PM GMT
    rickrick91 said
    tongun18 saidExcellent! My only concern is that this will further delay any action on the economy. I can see social conservatives getting their hackles up over this and focus attention on this instead of the economy. I suppose one can hope the Republicans will let this pass through and maintain focus on economic issues as was their campaign promise but something tells me that ain't gonna happen.



    The Repubs have already been dredging up the divisive abortion issue in Congress repeatedly, breaking their promise to voters to focus on economic issues.
    If the Repubs start spending a lot of time on anti-gay legislation, it will be very damaging to them.
    Voters didn't vote for that, and the polls show that Americans have become supportive of gay rights.


    Did you hear how one Georgia state representative wants to make it punishable by death for a woman to have an abortion, or even have a miscarriage
  • Posted by a hidden member.
    Log in to view his profile

    Feb 23, 2011 7:54 PM GMT
    creature said
    rickrick91 said
    tongun18 saidExcellent! My only concern is that this will further delay any action on the economy. I can see social conservatives getting their hackles up over this and focus attention on this instead of the economy. I suppose one can hope the Republicans will let this pass through and maintain focus on economic issues as was their campaign promise but something tells me that ain't gonna happen.



    The Repubs have already been dredging up the divisive abortion issue in Congress repeatedly, breaking their promise to voters to focus on economic issues.
    If the Repubs start spending a lot of time on anti-gay legislation, it will be very damaging to them.
    Voters didn't vote for that, and the polls show that Americans have become supportive of gay rights.


    Did you hear how one Georgia state representative wants to make it punishable by death for a woman to have an abortion, or even have a miscarriage



    Yup.
    Religious-right extremists are a problem right here at home, not just in other parts/religions of the world.
  • Posted by a hidden member.
    Log in to view his profile

    Feb 23, 2011 7:58 PM GMT
    creature saidFantastic.

    I wonder how musclemed will spin this.



    It's great to see the Democratic Party moving toward full support for gay marriage as a part of their official party platform.
    It will put more pressure on the Repubs to change their official party platform so it no longer supports anti gay rights policies.