Obama Justice Department files new DOMA brief, calling the law ‘discriminatory’ and in need of repeal.
Obama Justice Department files new DOMA brief, calling the law ‘discriminatory’ and in need of repeal.
The Obama administration has been seeking to dismiss a suit brought by a gay couple in California challenging the Defense of Marriage Act (DOMA). In June, the Obama Justice Department’s brief defending DOMA infuriated LGBT activists because it referenced incest and child rape when talking about marriage equality. Today, however, the Justice Department has filed a new brief making clear it believes DOMA is “discriminatory” and should be repealed. The White House even put out a statement from Obama on the matter:
Today, the Department of Justice has filed a response to a legal challenge to the Defense of Marriage Act, as it traditionally does when acts of Congress are challenged. This brief makes clear, however, that my Administration believes that the Act is discriminatory and should be repealed by Congress. I have long held that DOMA prevents LGBT couples from being granted equal rights and benefits. While we work with Congress to repeal DOMA, my Administration will continue to examine and implement measures that will help extend rights and benefits to LGBT couples under existing law.
Chris Geidner looks deeper into the brief, concluding, “Those who assert that the Obama Administration did not even need to file a brief will be dissatisfied with the brief because it essentially incorporates the earlier arguments into this reply brief and continues to defend DOMA as a legal matter. But, for those many people who believe that the government, in a situation such as this, does have a responsibility to defend the law, this brief makes clear the distinction between opposing a policy and defending a law.”
Topic Cloud
ArchivesBlog Roll
I get what they’re saying.
They are doing their job by defending the law currently on the books, but that doesn’t mean they agree with it. That’s what happens when the legal process is based on an adversarial system – all sides have to be represented, no matter whether you agree with them.
Think about it – someone had to defend Charles Manson.
August 17th, 2009 at 4:14 pmHell yeah it is.
Repeal DOMA ASAP and tell all the dissenters to STFU.
August 17th, 2009 at 4:14 pmBOOM! That was the sound of a bunch of right wing heads exploding.
August 17th, 2009 at 4:15 pmThe Obama administration does not hold DOMA as policy, but will still defend it as a law.
Trying to have it both ways?
August 17th, 2009 at 4:22 pmBite me bit
August 17th, 2009 at 4:22 pmI do much prefer a ‘common law’ system to a ‘civil law’ system, smidget.
But I am ready for Congress to do their part and repeal this… or, failing that, the Courts to invalidate it.
The law is wrong and reprehensible.
August 17th, 2009 at 4:23 pmI’m going to be optimistic that repealing DOMA is a process, much like repealing DADT, and will give this administration the benefit of the doubt.
For now.
August 17th, 2009 at 4:24 pmWiz says
August 17th, 2009 at 4:15 pm
BOOM! That was the sound of a bunch of right wing heads exploding.
____________________________________________________________
Nah — I don’t think they’re exploding yet. After all, President Obama, while stating how he personally feels about DOMA, appears to be lobbing the ball back to Congress. And DOMA will no doubt languish there along with DADT.
I’m willing to put up with that for a short time, since I would like to see their energy go toward getting some meaningful health care reform, but guaranteeing equal rights for gays needs to be taken care of, and soon.
August 17th, 2009 at 4:26 pmZooey, you’re far more loyal than I’m feeling these days. It was just a few weeks ago I was “giving Obama the benefit of the doubt” when it came to healthcare reform and the public option.
I’ll believe in the much-touted change when I see it.
PEACE
August 17th, 2009 at 4:30 pmbelaccifer lacca
I most certainly wasn’t defending our legal system. In fact, I have HUGE problems with our legal system (starting with juries) that I won’t get into here for fear of being deemed a big giant weirdo. :)
I was just saying I understood what they were getting at.
On-topic, and my personal opinion:
August 17th, 2009 at 4:33 pmDOMA does need repealed, because it IS discriminatory. It’s appaling that it’s even on the books in this day and age. I’m surprised it’s passed Constitutional muster, to be honest about it.
DOMA does need repealed, because it IS discriminatory. It’s appaling that it’s even on the books in this day and age. I’m surprised it’s passed Constitutional muster, to be honest about it.
Exactly, smidget. Well put.
August 17th, 2009 at 4:37 pmSpencer’s mom says:
August 17th, 2009 at 4:30 pm
Gibbs said Sebelius “mis-spoke” on the public option being ditched. She keeps doing that…
I remain hopeful. Pretty much…
August 17th, 2009 at 4:42 pmThe President needs to learn that in order to compromise, one needs a firm position to work from. Otherwise, it is just cheezy appeasement.
August 17th, 2009 at 4:44 pmTalk is cheap, whiskey costs money.
As of this week, I’m no longer concerned about what the Obama administration says, I’m concerned about what they DO.
August 17th, 2009 at 4:50 pmGreat!
But he’s still in trouble if they don’t pass meaningful Health Care Reform. And Public Option is crap.
August 17th, 2009 at 4:54 pm*
Why don’t they just put the National gun owners bill and National marriage licenses in the same bill?
Sounds like it would fly heh.
August 17th, 2009 at 4:56 pmI was thinking the same thing when I read about the gun-owner’s bill, Tundra.
That would likely go over about as well as a fart in church.
August 17th, 2009 at 5:00 pmThat was actually kinda funny [to me anyway] Tundra
August 17th, 2009 at 5:13 pm#16 – Tundra says:
——————————————————–
“Why don’t they just put the National gun owners bill and National marriage licenses in the same bill?
Sounds like it would fly heh.”
August 17th, 2009 at 4:56 pm
I’ve always thought they should mandate (pun not intended) that gay couples should have to have a weapon to protect themsleves from the anti-gay crowd! ;-)
I wish that the “special rights for us, and nobody else” ‘c’hristians had never been allowed to keep equal rights from being extended to every American.
August 17th, 2009 at 5:19 pmScrew the fags.
August 17th, 2009 at 11:40 pmconservative guy says:
Screw the fags.
>>>>>>>>
You are an evil ignorant dispicable piece of buzzardshit. Go kill yourself. The world will just flat be so much better a place without your twisted, perverted, putrid self in it
August 18th, 2009 at 12:21 am.
This is a step…
… It is ONLY a step.
.
August 18th, 2009 at 1:03 am#20 – conservative guy says:
———————————————————–
“Screw the fags.”
August 17th, 2009 at 11:40 pm
That’s MISTER fag to you, closet-case boy! Just because you want to screw us doesn’t mean you have to be all rude about it.
You are such a pansy.
August 19th, 2009 at 9:18 amI don’t think DOMA goes far enough. I think it should be expanded to include all the prohibitions from Leviticus. So not only would marriage be between one man and one woman, but it would prohibit mixed fabrics and shell fish. That’s the Jesusy think to do!
August 20th, 2009 at 4:40 pmtest:
http://www.youtube.com/watch?v=Ms45EzMR0f8
http://www.youtube.com/watch?v=5PHc8oDszXE
August 20th, 2009 at 5:50 pmhttp://thinkprogress.org/2009/08/17/poll-fox-news-trust/
http://thinkprogress.org/2009/08/18/hitler-israel/
August 20th, 2009 at 5:53 pmhttp://thinkprogress.org/2009/08/18/hitler-israel/
http://www.youtube.com/watch?v=Ms45EzMR0f8
August 20th, 2009 at 5:55 pmhttp://www.youtube.com/watch?v=Ms45EzMR0f8
http://thinkprogress.org/2009/08/17/poll-fox-news-trust/
August 20th, 2009 at 5:56 pm