Friday, February 25, 2011

Obama Administration vs The Defense of Marriage Act


He's at it again. On Wednesday February 23rd, the Obama Administration announced that it will no longer defend the constitutionality of the Defense of Marriage Act (DOMA). This is a complete reversal of policy. Attorney General Eric Holder said the Obama Administration cannot defend the federal law,that defines marriage, as being between a man and a woman. Attorney General Holder remarked that during the passage of DOMA, "It contains numerous expressions reflecting moral disapproval of Gays and Lesbians and their intimate and family relationships - precisely the type of stereotyped based thinking and animus the Constitution is designed to guard against." Note - When Our Founding Fathers wrote the Constitution to guard against such stereotyping, they obviously did not anticipate this to cover immoral behavior.

The Administration has been heavily lobbied by Gay groups to pass same-sex marriage. In fact, Ron Carey, executive director of the National Gay and Lesbian Task Force, called the policy change: "A tremendous step towards recognizing our common humanity, and ending an egregious injustice against thousands of loving, committed couples, who simply want the protections, rights and responsibilities afforded other married couples. We thank the Obama Administration."

Attorney General Holder related that the president has concluded, given a documented history of discrimination against Gays, classifications based on sexual orientation should be subject to a more heightened standard of scrutiny, that the department has been applying in legal challenges to the Act up to now. He went on to say that the Justice Dept. will immediately bring the policy change to the attention of two federal courts now hearing separate law suits targeting the Defense of Marriage Act.

The Allied Defense Fund said, "The Department of Justice has a constitutional duty to defend the laws duly enacted by Congress, and the refusal of the Attorney General to defend the Federal Defense of Marriage Act, just because they don't like it politically, is really inexcusable." Attorney Austin Nimocks of the Allied Defense Fund suggests, that US citizens are the ones who will ultimately suffer the pitfalls of the administration's decision, as they expect the government to do its job and support traditional marriage. "Americans across this country - from north to south, east to west, red states and blue states - when they have voiced their opinions on marriage, they have been unified, that marriage is between one man and one woman, and for the Department of Justice to make a political decision to throw marriage under the bus, the way they are, should really upset a lot of Americans." More on this will follow in further communications.

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