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Obama administration will no longer defend DOMA

Discussion in 'Sports and News' started by Dick Whitman, Feb 23, 2011.

  1. Dick Whitman

    Dick Whitman Well-Known Member

    The administration considers the act a violation of Constitutional Equal Protection, and will no longer defend it in lawsuits like one in Massachusetts earlier this yea (which the administration lost)r:

  2. Crash

    Crash Active Member

    Not sure why they did in the first place, unless it was under the same idea that Congress would overturn it (which we know it never would).
  3. Dick Whitman

    Dick Whitman Well-Known Member

    I just figured that the DOJ was obligated, either legally or ethically, to defend federal laws. Which is kind of the same as what you're saying: That it was Congress's job to overturn it, not the federal courts.
  4. old_tony

    old_tony Well-Known Member

    The lesson: Ignore the laws you don't like.
  5. Dick Whitman

    Dick Whitman Well-Known Member

    Like FISA?
  6. Bob Cook

    Bob Cook Active Member

    Technically, they're not ignoring it. They're arguing, too, that it's unconstitutional.
  7. Mizzougrad96

    Mizzougrad96 Active Member

    Yeah, this is one of the issues where I'm pretty liberal.

    I cannot fathom why anyone would care who anyone else marries.

    But, it is saying something that Obama wouldn't take this stance during the election. It wouldn't have mattered because he would have won anyway.
  8. Alma

    Alma Well-Known Member

    Obama's administration makes its strongest stands on precisely these matters.
  9. TigerVols

    TigerVols Well-Known Member

    Every administration I can recall makes strong stands on issues that play to its base.

    That's why elections have consequences.
  10. Azrael

    Azrael Active Member

    You mean like 'contempt of Congress?'

  11. Alma

    Alma Well-Known Member

    I wouldn't disagree. But Obama makes his strongest stands on these kinds of issues.
  12. Crash

    Crash Active Member

    From what I know and have read, the only thing the DOJ has to do is inform Congress if it will not defend a federal law. In the instance of DADT, the administration defended the law because it wanted Congress to overturn it and thought it would create more havoc if it was suddenly overturned by the courts. This doesn't seem to be such a delicate issue, and I doubt Congress will be moving quickly to overturn it (though Feinstein just announced she'll file repeal legislation in the Senate).

    Tony, as far as "ignoring laws you don't like goes," it's not that simple. Holder and the DOJ lawyers have clearly outlined their legal argument and their belief that there is a clear conflict with the equal protection clause in the Constitution. The DOJ isn't "ignoring" the law; it's just going to start arguing against it.
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