President Obama now believes that the Defense of Marriage Act is unconstitutional and will no longer defend the 15-year-old law in federal court, the Justice Department announced today....
>>>President Obama now believes that the Defense of Marriage Act is unconstitutional and will no longer defend the 15-year-old law in federal court, the Justice Department announced today.
Symbolically and substantively, his decision represents a major advance for gay rights and presages a significant shift in how the government will handle questions about equality for gays. It could also reignite a largely burnt-over debate in the culture wars, distracting both political parties.
In a statement, Attorney General Eric Holder said, “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.”
This means that the administration will withdraw its defense of ongoing suits in two federal Appeals Courts and will leave it to Congress to defend the law, known as DOMA, against those challenges. It will remain a party to the lawsuits as the law itself remains in effect.
DOMA, signed by President Clinton in 1996, allows states not to recognize same-sex marriages preformed in other states and provides a federal definition for “marriage” that excludes same-sex couples.
**The excerpt is taken from National Journal, "Obama Won't Go to Court Over Defense of Marriage Act,"written by Marc Ambinder which is linked below. Do click through to read more about the Justice Department's announcement.**
http://www.nationaljournal.com/obama-won-t-go-to-court-over-defense-of-marriage-act-20110223
