Obama admin will no longer defend federal marriage act
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From NBC's Pete Williams
In a major reversal, the Obama administration has notified Congress that it will no longer defend the federal law that says marriage can exist only between a man and a woman.Attorney General Eric Holder says he has recommended, and the president has agreed, that the law unconstitutionally discriminates against same-sex couples who are legally married but whose status is not recognized by the federal government.
"Given a number of factors, including a documented history of discrimination," Holder wrote in a statement, the administration has concluded that classifications based on sexual orientation must be subject to a higher constitutional standard than ordinary laws. And the federal Defense of Marriage Act does not meet that test, he says.
Read the full statement here.
Here's the immediate practical effect of this change:
-The Defense of Marriage Act remains in effect unless a federal court strikes it down or Congress repeals it.
-The government will stop defending the law in two court cases, in New York and Connecticut, where the law has been challenged, and in any other cases challenging the law.
-If the law is to be defended, members of Congress would have to step up and join those lawsuits.
In the statement, Holder argued that the legal landscape has changed since the Defense of Marriage Act was passed 15 years ago and signed into law by President Clinton. He mentioned the Supreme Court's ruling striking down criminal laws against homosexuality, the repeal of the military's Don't Ask/Don't Tell policy, and the fact that several lower courts have found the DOMA law unconstitutional.
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A key provision of the Defense of Marriage Act is unconstitutionally biased and will no longer be defended in court by Justice Department attorneys, Attorney General Eric Holder announced Wednesday.
But he assured members of Congress that the Clinton-era federal statute, which defines marriage as between only a "man and a woman" as "husband and wife," will continue to be enforced by the executive branch until it is repealed by legislators or definitely voided by the courts.
Until now, federal attorneys have defended the law's validity in court. But President Obama himself ordered the reversal of executive branch policy and position after determining that the marriage classifications contained in the statute could not survive under the strictest standards of judicial review. "I fully concur" with that decision, Holder said in a statement.
In announcing the surprise move, Holder noted that "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."
He added: "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."
In a letter to Congressional leaders released Wednesday, Holder wrote: "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."
Supporters of same-sex marriage were heartened by the decision. The Human Rights Campaign, the nation's largest lesbian, gay, bisexual and transgender civil rights organization, was quick to praise President Obama's step. "DOMA unfairly discriminates against Americans and we applaud [the president] for fulfilling his oath to defend critical constitutional principles," said HRC President Joe Solmonese.
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Just one more reason why the USA isn't the "land of the free"
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Section 2 that allows statesto discriminate against gays in marriage will still be defended, as part of "state's rights". However, no one ever talks about how DOMA {specifically Section 2} killed the full faith and credit clause of the constitution all because of hate mongers.
