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February 23, 2011
Obama Administration Declares DOMA Unconstitutional, Will Not Defend it in Court
Topics: Political News and commentariesNational Journal reports:
President Obama has decided that the Defense of Marriage Act is unconstitutional and has asked his Justice Department to stop defending it in court, the administration announced today.Just to make clear what's happening here, the DOJ ... whose job it is to defend our laws ... has decided to no longer defend DOMA because Barack Obama 'has a feeling' that DOMA is unconstitutional. The last time I checked, the final arbiter of what is constitutional is the Judiciary, not the president ... who apparently believes he gets to decide which laws need to be enforced and which ones aren't."The President believes that DOMA is unconstitutional. They are no longer going to be defending the cases in the 1st and 2nd circuits," a person briefed on the decision said.
The administration will formally notify Congress later today. The act sought to restrict single-sex unions.
Were we not talking about this happening in the Barack Obama administration, I'd say this report was unbelievable.
Meanwhile, Ed O'Keefe 'proudly' reports at the WaPo the the eight other gay rights victories since Barack Obama took office.
Other coverage: The Executive Power Grab in the Decision Not to Defend DOMA (... the decision may have serious long-term effects on the role of the executive branch and executive power.)
Posted by Richard at February 23, 2011 1:08 PM
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