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Breaking News: Obama action against DOMA coming
Washington Post ^ | 2-23-11 | Jonathan Capehart

Posted on 02/23/2011 9:39:31 AM PST by Justaham

A well-placed and trusted source tells me that, any minute now, Attorney General Eric Holder will issue a statement announcing that it will no longer defend so-called Defense of Marriage Act lawsuits in court. The source believes DOJ had come to the conclusion that heightened scrutiny would apply, and that these cases cannot be defended in court. A 530d letter has been sent to Congress informing it that, if it wants to defend the statute, it is free to do so. A case is pending now that has a filing deadline of March 11.

This is huge, folks. By definitively stating that gay men and lesbians deserve heightened scrutiny, the Obama administration is declaring that there is no government interest in perpetuating the discrimination aggrieved parties are trying to redress.

(Excerpt) Read more at voices.washingtonpost.com ...


TOPICS: Breaking News
KEYWORDS: 0besity; 0pansy; antinomianism; bho44; bhodoj; bhohomosexualagenda; doma; drag; gayvote; homonaziagenda; homonazism; homosexualagenda; jimmyqaeda2; mc0rib; moralabsolutes; polygamy; queeragenda; radicalleft; ribs; samesexmarriage; wagya4only100pound; wideload
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To: erod
Full text of the letter from the DOJ to Congress

Excerpt: "After careful consideration, including review of a recommendation from me, the President of the United States has made the determination that Section 3 of the Defense of Marriage Act (“DOMA”), 1 U.S.C. § 7, as applied to same-sex couples who are legally married under state law, violates the equal protection component of the Fifth Amendment. Pursuant to 28 U.S.C. § 530D, I am writing to advise you of the Executive Branch’s determination and to inform you of the steps the Department will take in two pending DOMA cases to implement that determination."

-SNIP-

As you know, the Department has a longstanding practice of defending the constitutionality of duly-enacted statutes if reasonable arguments can be made in their defense, a practice that accords the respect appropriately due to a coequal branch of government. However, the Department in the past has declined to defend statutes despite the availability of professionally responsible arguments, in part because the Department does not consider every plausible argument to be a “reasonable” one. “[D]ifferent cases can raise very different issues with respect to statutes of doubtful constitutional validity,” and thus there are “a variety of factors that bear on whether the Department will defend the constitutionality of a statute.” Letter to Hon. Orrin G. Hatch from Assistant Attorney General Andrew Fois at 7 (Mar. 22, 1996). This is the rare case where the proper course is to forgo the defense of this statute. Moreover, the Department has declined to defend a statute “in cases in which it is manifest that the President has concluded that the statute is unconstitutional,” as is the case here. Seth P. Waxman, Defending Congress, 79 N.C. L.Rev. 1073, 1083 (2001). In light of the foregoing, I will instruct the Department’s lawyers to immediately inform the district courts in Windsor and Pedersen of the Executive Branch’s view that heightened scrutiny is the appropriate standard of review and that, consistent with that standard, Section 3 of DOMA may not be constitutionally applied to same-sex couples whose marriages are legally recognized under state law.

21 posted on 02/23/2011 9:56:30 AM PST by greyfoxx39 ("This administration has turned off America's beacon to the world for freedom and left darkness")
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To: SkyPilot

Destroy the traditional family and
criminalize Christianity!

A Luciferian TWOFER!


22 posted on 02/23/2011 9:56:35 AM PST by MrB (Tagline suspended for important announcement on my home page. Click my handle.)
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To: Dilbert San Diego
And who will key targets of future lawsuits be? Churches, because there is no mainstream religious organization which performs homosexual marriages. Will they be sued? I guess we’ll find out.

FRiend, that day is coming... Speaking out against homosexuality is already equated to racial hate speech. Hell, you might as well be wearing KKK regalia and standing in front of a burning cross if you say homosexuality is a sin.

Churches will soon be sued for discriminating against homosexuals. Pedophiles and zoophiles are wringing their hands with glee because they know it is only a short time before they too are considered "normal" and their evil acts given societal protection.
23 posted on 02/23/2011 9:56:44 AM PST by TSgt (Colonel Allen West & Michele Bachman - 2012 POTUS Dream Team Ticket!)
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To: Christian Engineer Mass

This is part of their Agenda (see tagline).


24 posted on 02/23/2011 9:57:18 AM PST by MrB (Tagline suspended for important announcement on my home page. Click my handle.)
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So when a Republican Administration takes over in 2012, they can refuse to enforce and defend Obamacare. BUH-BYE OBAMCARE!


25 posted on 02/23/2011 10:00:17 AM PST by KansasGirl
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To: Justaham

I guess this is the next stage of 0bama’s “evolving” views on homo marriage.


26 posted on 02/23/2011 10:00:32 AM PST by ScottinVA (The West needs to act NOW to aggressively treat its metastasizing islaminoma!)
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To: erod

It means this Administration is NOT going to enforce laws it disagrees with.


27 posted on 02/23/2011 10:04:19 AM PST by Mr. K (Job #1 is to DEFUND THE LEFT~!!!!)
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To: Justaham
Eric Holder

Who died and made Eric Holder king? Who voted Oboma our new dictator?
They don't write our laws. Congress does.

28 posted on 02/23/2011 10:05:03 AM PST by concerned about politics ("Get thee behind me, Liberal")
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To: Colofornian; Elsie; FastCoyote; svcw; Zakeet; SkyPilot; rightazrain; Tennessee Nana; ...
Ping for a link to the letter sent to congress by Holder.

HERE

29 posted on 02/23/2011 10:07:28 AM PST by greyfoxx39 ("This administration has turned off America's beacon to the world for freedom and left darkness")
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To: jagusafr

You think that’s disgusting?

FRiend, this is only the tip of the proverbial iceberg:

In 1973, the American Psychiatric Association (APA) declared that homosexuality was not a disease simply by changing the 81-word definition of sexual deviance in its own reference manual.

In July 1998, the APA’s Psychological Bulletin published an article that seemed to condone pedophilia. “A Meta-Analytic Examination of Assumed Properties of Child Sexual Abuse Using College Samples” argued that the “negative potential” of sexual abuse has “been overstated.” Child sex abuse, they contended, actually encompasses a wide range of behavior best described with “value neutral” terms.

Less than 50 years ago, nobody would have believed that homosexuality would be so openly embraced as it is today. Nor would anyone today believe that other deviant and evil behavior will be openly embraced in the future.

I’m only 35 however I firmly believe that America peaked as a nation in the 50’s. It’s been all downhill and will continue to be downhill from there...


30 posted on 02/23/2011 10:08:25 AM PST by TSgt (Colonel Allen West & Michele Bachman - 2012 POTUS Dream Team Ticket!)
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To: Mr. K

So this basically oks gay marriage? Same sex couples in any state can get married now?


31 posted on 02/23/2011 10:08:45 AM PST by erod (Unlike the President I am a true Chicagoan.)
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To: Justaham

Impeach the corrupt Marxist bastard!!


32 posted on 02/23/2011 10:10:25 AM PST by Jim Robinson (Rebellion is brewing!! Impeach the corrupt Marxist bastard!!)
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To: greyfoxx39
Ping for a link to the letter sent to congress by Holder.

Void and file the letter away for future investigations. Congress writes our laws - not holder.

33 posted on 02/23/2011 10:11:28 AM PST by concerned about politics ("Get thee behind me, Liberal")
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To: Jewels1091

“...wondering how much more damage can be done in less than 2 more years....”

Not only will it be more damage than you imagine, it will be more that you CAN POSSIBLY imagine...


34 posted on 02/23/2011 10:12:29 AM PST by castlebrew (Gun control means hitting where you're aiming!)
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To: TSgt

Remember: Politics-not science-decided that homosexuals are ‘normal’...

http://conservativecolloquium.wordpress.com/2007/10/01/homosexual-activists-intimidate-american-psychiatric-association-into-removing-homosexuality-from-list-of-disorders/


35 posted on 02/23/2011 10:13:36 AM PST by massmike (DADT repeal: the Boy Scouts now have tougher membership requirements than the Army!)
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To: Justaham
The world is on fire ... Egypt, Libya, etc. ...

Unions have declared war on our state governments ...

Fleebaggers have quit the jobs they were elected to, abdicated responsibility and ran ...

so ... n0bama wags the dog.


" ... can't I just eat my waffles?"

36 posted on 02/23/2011 10:13:52 AM PST by Servant of the Cross (the Truth will set you free!)
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To: MrB

B I N G O ! ! !


37 posted on 02/23/2011 10:16:08 AM PST by GOPsterinMA (RomneyCare is Mitt`s Chappaquiddick)
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To: MrB
The goal is not to appease the homos, the goal is the destruction of the family.
38 posted on 02/23/2011 10:18:38 AM PST by T Minus Four ("If Mormonism were a cult, I would know it and I would not be in it")
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To: Justaham
But...but...but....I thought we were going to have a "TRUCE" on social issues?

...or does that just mean "conservatives be quiet and take it!" while the left runs roughshod all over us?

39 posted on 02/23/2011 10:18:48 AM PST by massmike (DADT repeal: the Boy Scouts now have tougher membership requirements than the Army!)
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To: Justaham

Another point of the Communist Manifesto is completed:

“Bourgeois marriage is, in reality, a system of wives in common and thus, at the most, what the Communists might possibly be reproached with is that they desire to introduce, in substitution for a hypocritically concealed, an openly legalized system of free love.

For the rest, it is self-evident that the abolition of the present system of production must bring with it the abolition of free love springing from that system, i.e., of prostitution both public and private.”

-Karl Marx and Frederick Engels


40 posted on 02/23/2011 10:19:35 AM PST by tcrlaf (Democrats Outforced America's Jobs for 40 Years. Now The Bill Is Due)
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