Posted on 02/23/2011 10:07:37 AM PST by lbryce
WASHINGTON — President Obama, in a major legal policy shift, has directed the Justice Department to stop defending the Defense of Marriage Act — the 1996 law that bars federal recognition of same-sex marriages — against lawsuits challenging it as unconstitutional.
Attorney General Eric H. Holder Jr. sent a letter to Congress on Wednesday saying that the Justice Department will now take the position in court that the Defense of Marriage Act should be struck down as a violation of gay couples’ rights to equal protection under the law.
“The President and I have concluded that classifications based on sexual orientation warrant heightened scrutiny and that, as applied to same-sex couples legally married under state law,” a crucial provision of the act is unconstitutional, Mr. Holder wrote.
The move is sure to be welcomed by gay-rights advocates, who had often criticized Mr. Obama for moving too slowly in his first two years in office to address issues that concern them. Coming after the administration successfully pushed late last year for repeal of the military’s ban on gay men and women serving openly, the change of policy on the marriage law could intensify the long-running political and ideological clash over gay marriage as the 2012 presidential campaign approaches.
While Mr. Obama has long argued that the Defense of Marriage Act is bad policy and has urged Congress to repeal it, his administration has also sent Justice Department lawyers into court to defend the statute’s constitutionality.
The new position will require the administration to file new briefs in such litigation, including a major case now pending before the United States Court of Appeals for the First Circuit, in Boston.
(Excerpt) Read more at nytimes.com ...
He must have internal polls showing him losing the homosexual vote to Myth.
According to RCP, The One has decided that he does not like the DOMA, has called it unconstituional, and has ordered Holder to ignore it. Funny. I once thought that after a law had been enacted, the president had no power to simply ignore it.
So that’s the political strategy now. If there’s a law the administration doesn’t like but can get the legislature to repeal then just refust to defend it in court. Let it die by default against the will of the people. This is facism not a democratic republic.
““The President and I have concluded that classifications based on sexual orientation warrant heightened scrutiny and that, as applied to same-sex couples legally married under state law,” a crucial provision of the act is unconstitutional, Mr. Holder wrote.”
Amazing this administration can see the “obvious” unconstitutionality of DOMA, but fails to see that Obamacare likewise is unconstitutional.
Oh so because Obama and Holder have now decided they ‘think’ this law is unconstitutional...they won’t do their jobs and enforce the law...
IMPEACH
IMPEACH
IMPEACH
Another curse to befall Barackula PING!
Impeach him now. This is only the latest example of his dereliction of duty or of selectively not enforcing nor defending the law - a major, if not the major, responsibility of the executive branch, of which he is head (for now). Can we stop sitting around and complaining, ‘look what he’s doing now’ and be rid of this crypto-communist, his cadre, and his useful idiot defenders?
King Obama decrees that the will of the people doesn’t matter...Prime Minister Holder off with their heads!!!!
I’m speechless. Mostly because I’m surprised that it WAS being defended.
Obamalogic:
Drilling moratorium is struck down by federal judge but we will still act as if it is law.
Obamacare is declared unconstitutional by a federal judge but we will still act as if it is law.
Gay Marriage Ban is law but we will act as if it is not.
Time to bring charges against the DoJ and the Administration for failure to enforce the law -
There is no support for either side here from (). He is keeping the pot stirred with as many things that pisZ people off at once, so as to keep people from concentrating their power. He is using the Cloward and Piven strategy to destroy the U.S. established customs and laws. Once destroyed, he will build it up in his own image, and that of his puppet master. His puppet master is of course a lower level persona, but the big boss is Lucifer. This is the way they take down US and Israel.
Just another tool to defeat this corksucker with.
LLS
Obama must be suffering in the polls way worse than the corrupt media is leading us to believe....to pull this stunt at this time.
Here’s some further info—
You might note in future posts that the AG’s DOMA decision applies only to DOMA sec. 3, which sets a federal definition of marriage. That’s the part that overrode state primacy in family issues like marriage. DOMA sec. 2, which holds that states do not have to give full faith and credit to same-sex marriages from other states, is not at issue in any federal litigation and is not disturbed by the AG’s 530D notice
Obama must be suffering in the polls way worse than the corrupt media is leading us to believe....to pull this stunt at this time.
Here’s some further info—
You might note in future posts that the AG’s DOMA decision applies only to DOMA sec. 3, which sets a federal definition of marriage. That’s the part that overrode state primacy in family issues like marriage. DOMA sec. 2, which holds that states do not have to give full faith and credit to same-sex marriages from other states, is not at issue in any federal litigation and is not disturbed by the AG’s 530D notice
Sadly O is following the precedent set by his predecessor. That ‘all powerful Executive’ is now being used against us. And so the pendulum swings, eh.
It’s happening now. Our president is intentionally fanning the flames. He and his party are losing the battle of public opinion in Wisconsin, Ohio, and Indiana. Throw in the Middle East, for good measure. There is no doubt in my mind, that this man relishes such behavior, and takes great pleasure in it. A proper analogy would be; “The man likes limitless calories at his dinner table, while restricting the amount that we are allowed to have at ours.”
Deflect, deflect, deflect. Nero’s fiddle is sitting in his closet, and he takes it out daily. It is not his or his parties opinions that draw my ire. It is their total lack of respect for their fellow man. Soon I will no longer abide this indignity.
So the Dictators in Charge says "Damn the law, we'll do as we please and force you to like it..."
Congress will prove itself usless as boar's tits if it doesn't have the balls to impeach Holder and demand the President execute the laws his office is sworn to uphold.
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