White House Declares Defense of Marriage Act Unconstitutional
Nadia Prupis | Wednesday 23 February 2011
The Obama administration said Wednesday that the Defense of Marriage Act is unconstitutional and the Justice Department will no longer support it. The Defense of Marriage Act is a federal law defining marriage as a legal union between one man and one woman.
Attorney General Eric Holder sent a letter to House Speaker John Boehner stating, "Section 3 of the Defense of Marriage Act ... as applied to same-sex couples who are legally married under state law, violates the equal protection component of the Fifth Amendment."
"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, Section 3 of DOMA is unconstitutional," Holder wrote.
According to the letter, President Obama made his decision after he reviewed two cases in federal appeals courts and found them to be in violation of the Constitution. In light of a "documented history of discrimination," among other factors, Obama concluded that discriminatory treatment based on sexual orientation should be "subject to a heightened standard of scrutiny," which the Defense of Marriage Act does not meet.
Holder said the administration was obligated to continue enforcing the law until it was appealed or overturned by a court that delivers a "definitive verdict against the laws constitutionality."
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Congressman Jerrold Nadler (D-New York), the ranking Democrat on the House Constitution Subcommittee, noted the historical significance of the announcement.
"This marks the first time that the federal government has recognized that a law designed to harm LGBT Americans and their families cannot be justified," Nadler said. "I commend Attorney General Holder and President Obama for their leadership, integrity and courage."
Nadler also said he would be reintroducing his legislation to repeal the Defense of Marriage Act to "ensure that committed, loving couples can rely upon the legal responsibilities and security that come with the time-honored tradition of marriage."
Same-sex marriage is currently legal only in the states of Connecticut, Iowa, Massachusetts, New Hampshire and Vermont, as well as the District of Columbia. Some other states allow civil unions, but do not recognize married couples.
Source URL: http://www.truth-out.org/white-house-declares-defense-marriage-act-unconstitutional68004
So, what does this mean? This is potentially a step toward a brighter future.
DOMA legalized a constitutional violation by states. Not cool. Really not awesome to legalize bigotry. Sometimes I am not proud of my country. I am, however, proud when the president looks at this violation of rights and says, "Hey now. This doesn't fly."
I was talking with a friend last night about this very shit. In Canada, it's so easy... but I'm not Canadian. If I (and I say "I" generally-- this could be anyone) fall in love with a Canadian woman and we get married, our marriage won't be recognized in my country. I could not do some paperwork, apply for a K3 visa, pay a fee, and bring a wife back to the states with me-- even if we had a legal union in Canada. Many of my queer Canadian friends don't seem to realize how good it is here. Ultimately, even in the US where we've got a long way to go, it is much better than in many other places.... Don't think for even a second that I do not recognize/appreciate this.
Many of my wonderful American friends are in long-term, loving relationships with their partners, and their unions, their marriages, are not recognized. Who the fuck is anyone to say that the love in a heterosexual relationship is somehow more valid than the love present in a homosexual relationship? How do you qualify love? Who the fuck is going to get hurt by committed, loving partners being given the right to legally declare their relationship? There is no downside to permitting same-sex marriage. It will not hurt you. It will not damage your children to grow up in a world that is more tolerant and more accepting. It will not drain social security. It will not ruin your church, it will not destroy "family values," it will not disrupt the moral conscience of the country.
I do not understand the fear. Even if you are someone who doesn't "believe" in homosexuality (which, frankly, baffles me. You have no choice but to believe in it. This sentiment is nonsensical- homosexuality exists), why do you care about what goes on in the bedrooms of consenting adults? What sense does it make to deny fundamental rights to a group of people based on who they are attracted to? Many people who oppose same-sex marriage would never discriminate based on race or religion- yet somehow, discrimination based on sexual orientation is acceptable. You don't get to pick your race and you don't get to decide who you fall in love with. You don't wake up and decide that you're Japanese or Irish or gay. It's just how it is.
Here is a page that dissects 10 arguments AGAINST same-sex marriage and explains why it's bullshit. Bigoted homophobia. Regardless of your bible, your sacred text, does your god not preach tolerance and love of others? Live your life by your rules, your standards, your code of ethics, your morals, your commandments. Remember, Matthew 7:1, I believe... do not judge or you too will be judged. If you think homosexuality is a sin, then let the sinners sin. When you stand before your god, when your afterlife is chosen, you will not be judged on the actions of others.
This fires me up, indeed. It fires me up more when lgbtq acquaintances comment that I get fired up. I know we've got shit like war, poverty, HIV/AIDS, illiteracy, deforestation etc to think about, as human beings on this fine earth... but that doesn't diminish the importance of tolerance. One day, I hope we will all be treated - at least under the law - as the equals that we are.
