Breaking: DOMA Declared “Unconstitutional” By Obama, Will Not Be Defended
A section of DOMA — the Defense of Marriage Act signed into law by President Bill Clinton in 1996 — has been declared “unconstitutional” by President Obama, and the Department of Justice (DOJ) will not defend it in federal court. This is a direct contrast to the DOJ’s stance on other laws that were declared unconstitutional by federal court judges, such as the “Don’t Ask, Don’t Tell” law, which President Obama has signed a law repealing the unconstitutional and discriminatory law.
The Defense of Marriage Act effectively banned federal recognition of same-sex marriages, and gives states the right, while not forcing them, to not recognize same-sex marriages. By effectively banning these marriages, discrimination has been written into the law. DOMA makes ineligible same sex couples from accessing over 1138 federal and state benefits, and makes these unions in the eyes of society unequal to the same unions of opposite-sex couples.
Attorney General Eric Holder today in a statement said, “While the President opposes DOMA and believes it should be repealed, the Department has defended it in court because we were able to advance reasonable arguments under that rational basis standard.”
“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.”
Holder also sent the following letter to Congress today announcing his intention to not defend the law, which has been declared unconstitutional in 2009 by Judge Stephen Reinhardt of the United States Court of Appeals for the Ninth Circuit.
DOJ Letter to Speaker Boehner on DOMA
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More to come. Stay tuned.
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