Obama Administration decision to not defend Defense of Marriage Act will trigger heated political battle

James Grady and Mike Picardi cheer the news as advocates for gay marriage rally on Capitol Hill in Salt Lake City after a federal court judge overturned California's same-sex marriage ban Wednesday Aug. 4, 2010.

/ AP Photo/Steve Griffin

In a decision described as "shocking" and "breathtaking," the Obama administration announced this afternoon that the Justice Department will no longer defend the Defense of Marriage Act, a federal law that defines marriage as a union between a man and a woman.

The highly unusual move hands gay rights advocates a major victory they have worked years to secure--but is also certain to provoke intense controversy and trigger a heated political battle with Congressional Republicans, who support the law and have refused to repeal it.

The Justice Department is tasked with defending laws passed by Congress--even those laws the sitting President may not like or have supported. Only a few times in history has a President decided his Justice Department will not defend an existing federal law. In those rare circumstances, the House of Representatives can step in and have its lawyers defend the law in court.

Obama administration will no longer defend DOMA
Gay Rights Groups Angered by Justice Department's DOMA Defense

President Obama decided the Justice Department no longer would defend DOMA after concluding the law was unconstitutional, administration officials said. Attorney General Eric Holder notified House Speaker John Boehner of the President's decision in a letter today, explaining that the administration believed the law violated equal protection principles, because it treats gays and lesbians differently than heterosexual couples. The government, he said, has no compelling reason for doing that.

"This is a rare case where the proper course is to forgo the defense of this statute," Holder said in the letter.

But the decision represents an about-face for the administration, which for two years had defended the statute against legal challenges by same-sex married couples. Holder said two new lawsuits had prompted the President and the Justice Department to "conduct a new examination" of the law, which blocks entitlement of federal benefits even in states where gays and lesbians have a right to marry.

Maggie Gallagher, chairman of the National Organization of Marriage, called the decision a "truly shocking extra-constitutional power grab" and a "defection of duty" by the President. But she also said the administration had not been forcefully defending the law in court for some time.

"The good news is this now clears the way for the House to intervene and to get lawyers in the court room who actually want to defend the law, and not please their powerful political special interests," Gallagher said.

But former Clinton Administration official Walter Dellinger said Obama's action was "respectful of the rule of law and a step forward for equality."

Dellinger wrote a comprehensive memo on the issue in 1994, when he was serving as an assistant attorney general in the Clinton Justice Department. He said when the President should presume laws are constitutional. But if he concludes that the law is unconstitutional, and the Supreme Court likely would agree, Dellinger said "the President has the authority to decline to execute the statute."

On that advice, President Clinton refused to defend a federal law that would have kicked service members who were HIV positive out of the military.

Unlike DOMA, however, that law never took effect and was never enforced. DOMA was passed by Congress and signed into law by President Clinton in 1996, and has withstood court challenges--all of which makes Obama's decision even more extraordinary.

"This is quite a breathtaking development," said Richard Socarides, president of Equality matters and a former Clinton White House adviser on civil rights. "It is so unusual, and it takes quite a bit of courage to stand up to your critics. This sends a strong signal he sees the country is willing to accept gays and lesbians as full citizens in every respect, including the right to marry."

Socarides said the decision means Obama's campaign rhetoric now will match his governing. During the presidential campaign, Obama was on record opposing DOMA.

[billholahan]

It's an obvious fact that Christians, quoting their Bibles, are lashing out against gay people and trying to create prohibitive civil laws against the freedom of expression of gay people. I have studied the Ten Commandments to realize that anti-gay Christians are actually breaking commandments one, two, three, nine and ten. Here are the commandments along with my comments. It's something to think about.

One: You shall not have false gods before me - do preachers claim to be God and are they acting out of their own quest for personal power? Should we blindly follow them?

Two: You shall not make for yourself any likeness of heaven, earth, or the waters below - do churches routinely violate this commandment with their statures, paintings, and stained glass windows?

Three: You shall not take the name of the Lord in vain: - in other words, preachers who claim that God has spoken to them, or who use God's name to coerce people are using God's name for their own vanity are violating this commandment.

Nine: You shall not bear false witness against your neighbor:- The false accusations about gay people are slanderous.

Ten: You shall not covet your neighbors spouse or property - While covet means desire, think about the reverse side of the coin - judging and condemning your neighbors are equally forbidden.

[billholahan]

JesusLord, you are not alone in your misconceptions. We are born into the world without our consent, we are born with gender and our orientation. The CHOICE for gay people is whether to come out with self-respect, or stay in the closet with self-loathing. You are a smart person and you should be able to figure this out on your own. Examples of life style are many: frugal, extravagant, single and wild, single and conservative, married and cheating, married and faithful, etc Your claims that gay sex is disgusting might be the result of your looking at the porno in the adult magazine shop. In some cases I would agree with you - but the straight porno is at times worse.

Gay people can and do procreate. There is no abomination involved in that. Your arguments against civil rights for gay people is at best wimpy.

[billholahan]

Our President's duty is to see that our government is not upholding laws which unconstitutionally discriminate against citizens. DOMA is an anti-social law that was passed during a moment of extreme hatred for homosexuals. People who feel so strongly that gay people should not marry ought to look at their own marriages (or lack there of) and ask themselves if they are happy. When gay people marry no one suffers in their personal lives, unless they are so neurotic that they need to see a therapist.

Let the heated debates begin. All of the supporters of DOMA will show themselves to be hateful, insecure, and grossly misinformed. Our government should not be pandering to the emotions of homophobic weaklings.

[hdc77494]

I'll start by saying I don't like the DOMA law any more than Obama, BUT, as the president, he is bound to uphold laws duly passed by congress and signed into law by another president. If it's a bad law, congress needs to change it, or the supreme court declare it unconstitutional. By Obama's logic, his republican replacement can announce that he thinks Obamacare is unconstitutional, and he won't follow that law either. We used ti be, before a community activist got in office, a nation of laws bound by the constitution and rigorous following of existing law. This clown thinks he can just make executive decisions and throw out laws he doesn't like. He's setting a very bad precedent, and it will bite democrats as soon as the tables are turned.

[billholahan]

hdc, The DOMA measure was passed by Obama's predecessor during a time of extreme hatred for homosexuals. Federal Judges have found it to be unconstitutional, and have ruled against it already. I am amazed that people are objecting to setting the record straight - in America we don't discriminate against minorities. Obama is not setting a precedent, he is merely acting wisely. But you seem to think this issue is about you, republicans, or politicians; you are so wrong. This entire issue has to do with gay people, who are due to receive all the same rights and benefits as everyone else in the Unites States. Could you list any civil rights that you will be denied when gay people marry? I can't think of a single one, unless you believe you have the civil right to judge others and then have your judgments become universal laws for everyone. If that's the way you think, then I know of a possible opening for a dictatorship that might become available in the Middle East some time soon, depending.

[slownewsdayomewannagohome]

by JesusisLord77

Just like there are physical laws that govern our universe, God also created universal spiritual/moral laws that affect and apply to everyone.
It's not a popular message because it implies absolute truth and a God to whom we are accountable to.

=========

As I said, your beliefs ONLY apply to those who share them. They do not apply to me.

And if Christianity is so "absolute", why are there THOUSANDS of sects of it?

All religion is is an opiate for the blind and gullible.

[1pheasant1]

Religion, oh, just another of those numerous failures resulting from an attempt to popularize art.___Ezra Pound

[JesusisLord77]

Yes. All religion is an opiate to control the masses, but what I am speaking of is not religion. Religion is man made and the devil uses it to accomplish his evil plans.
I am speaking of a living, vibrant relationship with the Almighty Creator through His son Jesus. Jesus did not come to start a new religion because there were plenty of false gods when He walked the earth 2000 years ago. He came to "seek" and to "save" lost humanity. He came to reconcile men & women to Himself so they can have a meaningful/eternal relationship with God/Him.
We human beings were created to be relational, and it is many times mistaken and convoluted by the counterfeit of Lucifer called 'religion'.
So in conclusion I am speaking of "Relationship" which works wonderfully everytime someone is commited to Jesus (like in a good marriage)...but religion divides, misleads and destroys souls.
I converse with God daily, and it's beautiful. He guides my life, gives me peace that others seek for their entire lives and never find, He comforts me when I'm down, and gives me His wisdom...the kind that Solomon was gifted with because the source was Almighty God Himself.
I hope you understand the difference.

[Fatesrider]

"The good news is this now clears the way for the House to intervene and to get lawyers in the court room who actually want to defend the law, and not please their powerful political special interests," Gallagher said.

Yeah, right...

You're just trading one group of lawyers who don't actually want to defend the law, and want to please their powerful political special interests, with a group of lawyers who actually want to defend the law, and want please their powerful political special interests.

If you believe anything else, please go to the nearest cemetery and lay down in any open grave until you can be covered up. Your contribution to society and the gene pool will not be missed.

[TallyGlenn]

Your argument has nothing to do with what I said.

In response to what you stated. I have no problem with a civil union that grants all the same obligations and rights of marriage.

[slownewsdayomewannagohome]

Who are you responding to?

[slownewsdayomewannagohome]

by jgunter--2008

As for as rights being denied - a gay man can marry any woman who will have him just like a straight person can. Therefore there is no equal protection issue.

========

So you advocate marital fraud?

.

[jackp32]

This is an Oh!Bama ploy to get the Repub's attention off of his failed presidency and on to the gay marriage issue. Let's see if it works. Chances are the Repubs will fall for the scheme hook, line, and sinker.

[JesusisLord77]

Someone said "slownewsdayomewannagohome -It's apparent that you consider yourself the exception to every rule - but you shouldn't be so critical of others who have core values that you are devoid of."
This is simply not true. God is not a respecter of persons. Whoever chooses to live according to His ways will experience the same peace and joy I have and am still experiencing.
When I came to God in my early 20's I came with many self destructive behaviors. I did not excuse them by saying I was born that way, but I took responsibility for my actions and said:"God I can't stop doing this thing, but with your help and strength I can replace this bad behavior with a godly behavior that pleases you and is right in Your sight."
Another person quoted Gandi and Gandi had a certain amount of truth, but not the whole truth because not all who claim to be Christians really are. There are lots of pretenders, but few real Christians that love God and love their neighbors as themselves. Love is not blind. Love will speak out against destructive lifestyles and sin to warn people that they are headed in the wrong direction.
If you were a good parent and warned your kids about drugs, or alcohol or other harmful life choices, should you be called a "hater" for spoiling your child's fun?
God is like that good parent who corrects His own so that they would not harm themselves and others. That's real love, not that wishy washy stuff that says do whatever you want and you'll be fine. God loves all people right where they are at, but it doesn't take away the fact that people must respond to Him according to His commandments and principals, not our own.
With love, not condemnation, in Jesus' name.

[slownewsdayomewannagohome]

You religious beliefs ONLY apply to those who share them.

[JesusisLord77]

In response to your comment:
slownewsdayomewannagohome February 24, 2011 1:10 PM EST
You religious beliefs ONLY apply to those who share them.
It is not true. I did not create or invent my religious views/beliefs, so it applies to everyone. God Himself created them and they do apply to everyone whether they share them or not.
It's similar to you saying, I don't believe in the Truth of Gravity, so those physical laws don't apply to me...simply because I don't believe them.
Just like there are physical laws that govern our universe, God also created universal spiritual/moral laws that affect and apply to everyone.
It's not a popular message because it implies absolute truth and a God to whom we are accountable to. It's not popular with the human heart which is rebelious against God from birth (a little gift we inherited from Adam & Eve). God is only wanting to bring us in to love us, but most folks reject His love because they want to do their own thing, and not "apply" His love & goodness to their lives. We always have a choice...and so do you friend. I hope you receive this with the positive and loving motive I meant it to have. Be well and I appreciate your feedback