Justice Department to no longer defend DOMA

Given that the act is legally and morally indefensible, this makes sense.

Attorney General Eric Holder said President Barack Obama has concluded that the administration cannot defend the federal law that defines marriage as only between a man and a woman. He noted that the congressional debate during passage of the Defense of Marriage Act “contains numerous expressions reflecting moral disapproval of gays and lesbians and their intimate and family relationships — precisely the kind of stereotype-based thinking and animus” the Constitution is designed to guard against.


Also, take note of this:

Holder’s statement said, “Much of the legal landscape has changed in the 15 years since Congress passed” the Defense of Marriage Act. He noted that the Supreme Court has ruled that laws criminalizing homosexual conduct are unconstitutional and that Congress has repealed the military’s “don’t ask, don’t tell” policy.

The highlighted portion references Lawrence v. Texas. Political Justice Scalia, being purely political and all, made his biggest objection to overturning the anti-gay laws in Texas on the basis that the decision could lead to the legalization of gay marriage. He also says that it’s important to abide by the past decisions of the Court less there be an overwhelming reason for change. That means – logically – that he will likely support overturning anti-gay marriage laws. Key word “logically”. So don’t expect him to care about that. Just watch. The guy is a joke, the worst legal mind the nation. He will vote to uphold every anti-gay law that comes his way, no matter the constitution or previous rulings of the Court.

2 Responses

  1. They never should have passed it to begin with.

    However the only thing really unconstitutional about it is that the federal government has nothing to say about marriage. If a state allows unions between ____ and ____ than the federal government should recognize those marriages also.

    Just as many states limit the number of times one may be married, the federal government shouldn’t recognize marriages in defiance of those statutes either.

    It’s simply a matter left to the states.

  2. Great day for equality all around. In addition to DOMA, Maryland’s Senate is likely to pass a bill legalizing gay marriage either tomorrow or Friday (it passed through a preliminary vote today with no problems).

    Lawrence v. Texas has always been one of my favorite cases, if only for Scalia’s now infamous dissent. I remember the moment I read that case’s brief for class I thought, *this* will one day be seen as one of the most influential civil rights cases that changed the course of the gay rights movement. I still believe that to be true today, and today is a step in the right direction.

    Great post!

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