Obama administration will no longer defend DOMA
Darlene Garner, left, has a joyful tear wiped from her face by her partner, Candy Holmes, of Washington, after the couple obtained their marriage license Wednesday, March 3, 2010, the first day possible for gay couples since the District of Columbia legalized gay marriage in Washington.
/ AP Photo/Jacquelyn MartinUpdated 1:23 p.m. Eastern Time
President Obama has instructed the Justice Department to no longer defend the constitutionality of the Defense of Marriage Act, or DOMA, the legal prohibition on federal recognition of same-sex marriages.
Attorney General Eric Holder said in a statement that the department will stop defending the policy because it has now been challenged in the Second Circuit, "which has no established or binding standard for how laws concerning sexual orientation should be treated."
"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," he said. "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."
In a separate letter to House Speaker John Boehner, Holder wrote that "the legislative record underlying DOMA's passage contains discussion and debate that undermines any defense under heightened scrutiny."
"The record contains numerous expressions reflecting moral disapproval of gays and lesbians and their intimate and family relationships - precisely the kind of stereotype-based thinking and animus the Equal Protection Clause is designed to guard against," he said.
Boehner spokesman Michael Steel said in a statement to CBS News that Mr. Obama will have to explain to the American people why, despite a desire for lawmakers to focus on the still-struggling economy, "he thinks now is the appropriate time to stir up a controversial issue that sharply divides the nation."
Holder said that despite the decision, his department will "remain parties to the cases and continue to represent the interests of the United States throughout the litigation." He added that members of Congress can still elect to defend the statute and that Justice will "work closely with the courts to ensure that Congress has a full and fair opportunity to participate in pending litigation."
White House Press Secretary Jay Carney said that enforcement of the policy will -- at least for now -- continue.
Still, the reversal is a major victory for gay rights advocates. After a district judge ruled in July that DOMA is unconstitutional, Justice announced it would appeal the ruling, arguing it has an obligation to defend all federal laws. That angered the gay rights community, which was quick to note President Obama's campaign promise to repeal the policy.
Jan Crawford: A "Highly Unusual" Move
The administration stood by its position despite the criticism, filing a brief in January defending DOMA. The brief argued that DOMA "is supported by an interest in maintaining the status quo and uniformity on the federal level, and preserving room for the development of policy in the states."
A 2009 Justice Department brief defending DOMA caused particular anger in the gay community, in part for referencing a case involving "marriage of uncle to niece" to support maintaining the policy.
The change in policy comes roughly two months after Mr. Obama signed a bill allowing for the military's "don't ask, don't tell" policy to be ended, a moment he cast as a move toward equality for all Americans. He has said twice in recent months that while he still opposes same-sex marriage, his position is "evolving."
Jay Carney, the White House press secretary, said Wednesday that the president is still "grappling" with his stance on the issue despite the decision. Carney said the president has always seen DOMA as "unnecessary and unfair."
DOMA, which was passed in 1996 under then-President Bill Clinton, mandates that the federal government not recognize same-sex marriages and that states not be forced to recognize same-sex marriages from other states. Section 3 -- the section spotlighted by Holder -- prevents married same-sex couples in Massachusetts and other states from filing joint federal tax returns, among other federal spousal benefits.
In his statement, Holder said the decision came in part because the Justice Department does not necessarily see support for DOMA as reasonable.
"The Department has a longstanding practice of defending the constitutionality of duly-enacted statutes if reasonable arguments can be made in their defense," he said. "At the same time, the Department in the past has declined to defend statutes despite the availability of professionally responsible arguments, in part because - as here - the Department does not consider every such argument to be a 'reasonable' one. Moreover, the Department has declined to defend a statute in cases, like this one, where the President has concluded that the statute is unconstitutional."
The reversal comes less than one month before the March 11th filing deadline for the administration to take a position on a DOMA-related case, one of four pending cases.
"Much of the legal landscape has changed in the 15 years since Congress passed DOMA," Holder concluded in his statement. "The Supreme Court has ruled that laws criminalizing homosexual conduct are unconstitutional. Congress has repealed the military's Don't Ask, Don't Tell policy. Several lower courts have ruled DOMA itself to be unconstitutional. Section 3 of DOMA will continue to remain in effect unless Congress repeals it or there is a final judicial finding that strikes it down, and the President has informed me that the Executive Branch will continue to enforce the law. But while both the wisdom and the legality of Section 3 of DOMA will continue to be the subject of both extensive litigation and public debate, this Administration will no longer assert its constitutionality in court."
Popular in Politics
- Officials on Benghazi: "We made mistakes, but without malice" 274 Comments
- Ousted IRS chief: "I did not mislead" the American people 252 Comments
- Where is the Benghazi cover-up Republicans promised? 343 Comments
- FBI seeks anonymous source behind Menendez allegations
- Why Obama should worry that current scandals might impact 2016 216 Comments
- Immigration deal reached in House
- First lady: "Reject the slander" that educated blacks are "trying to act white"
- House GOP to vote on Obamacare repeal - Vol. 37 928 Comments
Well, maybe the Mayan Calendar is correct and the world will end (as we know it) on Dec. 21st, 2012.............without rights to be myself and find love and success, let it be so!
You're just a typical queer with no life no brains and no dignity right? I am a mental health therapist with 14 years of experience, i've talked to lot's of underage and teenage children who were adopted by homosexual families and all of those kids were scared. Kids don't need none of your **** love they need real straight traditional families with 1 mother and 1 father. The kids i talked to were incredibly upset for they're age and very depressed some of them were full of endless anger and mostly very unstable. Thank goodness i had only one case in all my time when i talk to 13 year old boy who stabbed one of his homosexual adoptive parents. I'm not saying thank goodness for this case, i'm saying thank god i had only one case like this and i don't want to have any more. Imagine how abused must a young mind be to even think about such action not to mention bringing this idea to reality. You don't know what hate they go through when they are at school or trying to make friends. You can offer those young minds whatever you want but they still won't grow up without scars. Why are you saying those kids are just a "body" at the orphanage? Is that the first idea that came to your mind? Do you know that most children that are abducted by homosexual parents are mostly abducted just so they could get abused sexually. The word "body" is only on the homosexual side. I am tired of cleanning up the mess that you queers make, you are committing a true crime against god against your country but there is no bigger crime than corrupting minds of young society. Those kids are better off growing up the orphanage and learn from others, all of those kids who grow up on they're own are much more experienced and ready to stand up for them self. And those kids will grow up straight and will do anything to give everything to they're new family what those kids didn't have when they grew up at the orphanage. If you are gay than stay lonely and do not cripple the rest of society! Normal society is not for you!
So see, most kids adopted through the foster care system are already screwed up by their biological moms and dads before us gays ever "get our hands on them". If you are truly a mental health therapist (which i seriously doubt you are, more like a mental patient), I feel really bad for your patients.
You're just a typical queer with no life no brains and no dignity right? I am a mental health therapist with 14 years of experience, i've talked to lot's of underage and teenage children who were adopted by homosexual families and all of those kids were scared. Kids don't need none of your **** love they need real straight traditional families with 1 mother and 1 father. The kids i talked to were incredibly upset for they're age and very depressed some of them were full of endless anger and mostly very unstable. Thank goodness i had only one case in all my time when i talk to 13 year old boy who stabbed one of his homosexual adoptive parents. I'm not saying thank goodness for this case, i'm saying thank god i had only one case like this and i don't want to have any more. Imagine how abused must a young mind be to even think about such action not to mention bringing this idea to reality. You don't know what hate they go through when they are at school or trying to make friends. You can offer those young minds whatever you want but they still won't grow up without scars. Why are you saying those kids are just a "body" at the orphanage? Is that the first idea that came to your mind? Do you know that most children that are abducted by homosexual parents are mostly abducted just so they could get abused sexually. The word "body" is only on the homosexual side. I am tired of cleanning up the mess that you queers make, you are committing a true crime against god against your country but there is no bigger crime than corrupting minds of young society. Those kids are better off growing up the orphanage and learn from others, all of those kids who grow up on they're own are much more experienced and ready to stand up for them self. And those kids will grow up straight and will do anything to give everything to they're new family what those kids didn't have when they grew up at the orphanage. If you are gay than stay lonely and do not cripple the rest of society! Normal society is not for you!
Won't not wasting manpower and money on a contraversial issue that has been really expensive to "defend" be a *good* thing for "the American people"?
God then made the first human who contained both male and female elements like God possesses. Following that, God put Adam asleep and removed a rib from his side, from which He built the woman, Eve. Adam named her Woman, "&for out of man hath this one been taken." It continues, "For this cause, will a man leave his father and his mother,-- and cleave unto his wife, and they shall become one flesh," Genesis 2: 23-24.
To summarize, God created man as the embodiment of both male and female because God contains both male and female elements. After a suitable companion wasn't found for the man after examination of the entire animal kingdom (Genesis 2: 20), God removed the female portion from Adam and said that because woman had been taken out of man, that (upon maturity), the man shall cut his bonds with his mother and father and join with his wife to be a complete person, restored to the image of God again. That way, the half-man becomes whole again by reclaiming his feminine side.
That is further emphasized by the Proverb which states, "He who finds a wife finds a good thing." Why does it say that for a man and not for a woman? The man is the one who had his female side removed from him, and it's up to him to find a suitable companion for him-his missing part, or, female portion. He's the one who's missing it. He needs to rejoin with it.
Did you ever notice that Jesus refers to his people as The Bride of Christ? Women are to be found. Until they are found by their husbands, they are married to Jesus and he completes them. Surveys find that married men are happier than single men, and single women are happier than married women. I conjecture that is because the woman is joined to Jesus as her husband and he comforts her while she awaits her husband's discovery and marriage. I believe the man is allowed to feel empty until he finds his wife. Otherwise, he wouldn't be motivated to search her out and marry her.
Humans are made in God's image. God is both male and female joined together in one being. Through the holy sexual union provided by marriage, God joined the male part of man, Adam, to the female part known as Eve to reflect His image as one male and one female joined together as one being, or, in one flesh. The devil wants to join two men or two women together as one flesh through homosexuality, because he hates God and wants to pervert God's image.
The less we are like God, the less of a relationship we can have with Him. Then, the farther we distance ourselves from Him, and the weaker we become. We are easier prey for the enemy the further we are separated from God.
However, the more we are like God-the more we reflect His image-- the closer relationship we have with Him, and the stronger we become. We become victors and reflect the victories of God by denouncing evil.
Furthermore, the complement of a male and female union is stronger than two alike joined together. A complement completes what was missing or lacking in the other one. However, when two are alike, there is no complement or filling-in of deficiencies. There is only duplication of a strength or weakness. So a person isn't completed; they're duplicated. Their weaknesses aren't resolved. Instead, they're magnified.
Wholeness of God's image scares the devil so much that he's willing to rape and degrade innocent children to bring his will to pass. More than three times as many children who are sexually abused turn to a homosexual lifestyle later in life than a heterosexual lifestyle Conservapedia: Causes of Homosexuality.
The betrayal of the rape coupled with ignorance that God is both male and female joined as one and that we are created in His image perverts that young person's mind. They become easy prey for Satan and justify their feelings for same sex arrangements. They subconsciously justify that a same sex union would defend their self from further betrayal and degradation.
God is not perverted; He has always been male and female joined as one, and He will always be. God continues the same throughout all the ages-He is the Ancient of Days. Mark His word-He is, was, and always will be whatever He chooses to be ("I Am that I Am"). However, by His own definition, that will always be: male and female joined as One.
Besides the fact that I disagree with every once of your highly opinionated and very flawed argument, CBSnews.com isn't out to get you. It's not a conspiracy--comment boxes are usually very low tech and are only capable of reading text. If I had to guess, you copied and pasted that from another source online and imported a few "gremlins" (text that the program couldn't understand, so it inserts something that it can understand) that it couldn't translate correctly.
Regarding your comment, before there was television and all sorts of other "negative" influences that people are referencing here, there were people who, either in secret or in public, had same-sex partners. Satans isn't out raping women and children--people are. Saying that men are empty until they find their partners gives rise to the type of screwy logic that has been used to oppress all sorts of groups of people throughout history. Unless you are a white male from England with zero blood from ANYWHERE else, your people have been oppressed at some point in history for thinking/doing/being something "different" than what was expected. Your version of complete may not be someone else's version of complete. I was not empty when I met my love; likewise, he was not empty when he met me. We would have never talked to each other if we had been "empty" because we would have bored each other to tears. Just a few things to think about.
As opposed to the Connecticut Cowboy who got us into the cluster**** that is Iraq? Is that the macho misjudgemet you want for president?
-------------------------------------
Based on intelligence and information given by an Iraqi that intentionally misled us as well as Saddam's refusal to allow inspections, etc., it was the only thing that could have been done. However, the media can confirm what is going on in the middle east now and the navy can confirm what is going on about the pirates and Obama still sits on his hands and does nothing.
I know you will never admit that going into Iraq has anything to do with the revolts in Egypt and other middle eastern countries, but it does. They see that the people in Iraq have freedoms now that they would never have had if the U.S. hadn't gone there and now, they want their own despots gone.
We have a wimp for a president who has made our nation appear wimpish on a whole host of issues including the Somalian pirates, what is happening in the middle east, the unsustainable debt of this nation while his budget doesn't reflect our need to reign in spending, etc. It's all about his re-election at this point, so he will not lead, but will attempt to coast through. This is unacceptable.
The President swore to uphold the laws and Constitution - yes.
What is a President to do when a law conflicts with the Constitution? As in directly violates it?
You have a clear opinion here - however your opinion (and mine for that matter) have no bearing on what a President does when a law violates the Constitution. Above all, a President must defend the Constitution. When a law violates the Constitution like DOMA does - the President has to choose - law or Constitution (every court ruling on appeals of court rulings on this law have succeeded to show it is unconstitutional).
Let's play your arguement out further - let's pretend that the righ winger's fear mongering lie about Obama wanting guns to be banned had actually happened. Let's say that congress passed a gun ban law. Would you be screaming if Obama failed to support such an unconstitutional law if he were to respond to it the same way?
And you can't use the arguement of minority viewpoint (as in gay marriage = ok) or other such in regards to DOMA because DOMA legislates nothing more than a very specific morality issue and violates equal treatment and other portions of the Constitution. It hasn't been declared unconstitutional by the Supreme Court yet - but it's heading that way. Just like my ficticious example of a gun ban - it would be ultimately deemed so by the Supreme Court.
Every Morality law that bans a specific and otherwise legal behavior between consenting adults has been struck down as unconstitutional - This one is following the same path.
And gee - Obama is trying to save the government money by not wasting it supporting a law that will be overturned. You right wingers outa be happier than all get out about that!
Quit blowing smoke. You've lost. Find another issue.