Defense of Marriage Act is unconstitutional

[scottie]

This is huge for gay rights in this country:

Obama, DOJ Say Part Of DOMA Is Unconstitutional, Will Not Defend It In Court

The Obama Justice Department has decided that part of the Defense of Marriage Act is unconstitutional and will not defend it in court.

"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," Attorney General Eric Holder said in a statement.

"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," Holder said. "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."

...

[Jeff Lebowski]

Wow. This is going to be interesting.

[LA Ute]

My inner cynic thinks the president wants to bait social conservatives and turn the discussion away from jobs and the economy. This will bring the social cons out of the woodwork and cause some division in the Tea Party movement, which is part libertarian and part social con.

[old_gregg]

My inner cynic thinks the president wants to bait social conservatives and turn the discussion away from jobs and the economy. This will bring the social cons out of the woodwork and cause some division in the Tea Party movement, which is part libertarian and part social con.

or maybe he just doesn't think it's constitutional

[Art Vandelay]

How does this effect if and/or when the Supremes will decide to make hear a case and make a ruling on the same-sex marriage? Or have they already? I honestly pay very little attention to the legal wranglings on this topic.

[oxcoug]

My inner cynic thinks the president wants to bait social conservatives and turn the discussion away from jobs and the economy. This will bring the social cons out of the woodwork and cause some division in the Tea Party movement, which is part libertarian and part social con.

Oh that's not a stretch at all - in fact it would be a savvy move strategically on their part. I doubt he's the least bit concerned about the constitutionality of it.

Republicans are gaining ground on the central battleground of public finances and have the loose makings of a coalition of social cons, libertarians, independents and fiscally conservative Dems starting to form - the Obama admin has every interest in trying to (a) fracture that coalition before it solidifies and (b) moving Republicans from focus on a winning issue to focus on a losing issue.

Mitch Daniels admonitions that fiscal conservatives need to call a truce with each other on social issues is no joke and it definitely wasn't lost on Obama's people that any truce that exists is fragile.

[LA Ute]

or maybe he just doesn't think it's constitutional

Maybe so, but there's no Supreme Court case law supporting his position. He and his handlers know darn well that taking this position will cause a ruckus.

[Color Me Badd Fan]

The comments in that article provide some insight into the thinking on the left -- Koch Bros. this and Koch Bros. that.

I guess when you think that everything can be neatly controlled and positive outcomes attained by government control then you'd also think that the Koch Bros. have some inordinate amount of control over people's political passions to the point that they could effectuate a wave election.

[byu71]

or maybe he just doesn't think it's constitutional

So this highly intelligent or should we say brilliant consitutional lawyer has now come to the conclusion it is unconsitutional.

Why couldn't he have figured it out sooner and let us know. He is a politician first, remember, he has proven over and over he isn't "change you can believe in."

[LA Ute]

Another theory is that Obama has given up on the center and is moving to hold his base together.

[Babs]

Another theory is that Obama has given up on the center and is moving to hold his base together.

I think you guys have this backwards. Obama knows that if the administration pushes the federal courts (presumably eventually the Supreme Court) to rule on this issue, it's going to end in constitutionally protected gay marriage regardless of which side the administration is arguing. Politically, Obama doesn't want to be the one left holding that bag and risk losing what little moderate support he has heading into 2012.

[Borderline Divine]

Why don't gays unionize? That would make the teahadists craaaaaaaaazy.

[il Padrino Ute]

Interesting that he is able to see that this is unconstitutional, yet not see that his health care law is also unconstitutional.

[Borderline Divine]

And in a ruling which has garnered about zero attention from the "Liberal" MSM, a third federal judge has ruled the Affordable Care Act constitutional.

Thats 3 for and two against and none of it matters until the Supremes rule on it.

http://tpmdc.talkingpointsmemo.com/2...re-reality.php

[LA Ute]

And in a ruling which has garnered about zero attention from the "Liberal" MSM, a third federal judge has ruled the Affordable Care Act constitutional.

Thats 3 for and two against and none of it matters until the Supremes rule on it.

http://tpmdc.talkingpointsmemo.com/2...re-reality.php

And which of the rulings had 26 states as co-plaintiffs?