‘obama action against DOMA coming’

Washington Post (Jonathan Capehart): A well-placed and trusted source tells me that, any minute now, Attorney General Eric Holder will issue a statement announcing that it will no longer defend so-called Defense of Marriage Act lawsuits in court. The source believes DOJ had come to the conclusion that heightened scrutiny would apply, and that these cases cannot be defended in court. A 530d letter has been sent to Congress informing it that, if it wants to defend the statute, it is free to do so. A case is pending now that has a filing deadline of March 11.

This is huge, folks. By definitively stating that gay men and lesbians deserve heightened scrutiny, the Obama administration is declaring that there is no government interest in perpetuating the discrimination aggrieved parties are trying to redress.


The Attorney General made the following statement today about the Department’s course of action in two lawsuits, Pedersen v. OPM and Windsor v. United States, challenging Section 3 of the Defense of Marriage Act (DOMA), which defines marriage for federal purposes as only between a man and a woman:

In the two years since this Administration took office, the Department of Justice has defended Section 3 of the Defense of Marriage Act on several occasions in federal 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. 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. 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.

Thank you Hachikō! This is a seriously BFD!

7 Responses to “‘obama action against DOMA coming’”

  1. February 23, 2011 at 12:34 pm


  2. 2 Fred
    February 23, 2011 at 12:50 pm

    yes yes yes! 😀 😀 😀 😀 😀

  3. 3 northanger
    February 23, 2011 at 1:00 pm


    Thanks for the heads up Chips, watching this now on C-SPAN. New press chief looking good :o)

  4. 4 Dorothy Rissman
    February 23, 2011 at 1:03 pm

    Chipsticks, this is indeed as BFD. I know that the AG is required to uphold laws passed by Congress. You can bet he would not do it unless our Man wanted it that way. Yahooooooooo!

    Lynn, that you for the BFD.

  5. 5 Hachikō
    February 23, 2011 at 1:39 pm

    That damn Obama is tearing down all of the canards the frustrati have been propagating about him over the past two years: He’s a corporatist, homophobe, weak, panderer, just like Bush, etc, etc. I just don’t know what to believe any more. 😦

    • 6 Theo67
      February 23, 2011 at 1:54 pm

      Very funny. 🙂

      OT: Hachiko – I hope you got my email last week? Not sure if my email is acting up because of hte attachment. Stay well.

    • February 23, 2011 at 2:05 pm

      I was **stupid** enough to check a forum now overrun by the Professional Left after the DOMA announcement …. silly me thought the extreme anti-Obama wing of the gay rights movement might be a teeny bit happy today. You know, they almost sounded disappointed: one less reason for them to hate the man. And they sure love to hate him.

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