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-Obama Will No Longer Defend Federal Marriage Law (DOMA)

by Dr. D ~ February 23rd, 2011

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President Barack Obama has instructed the Justice Department to no longer defend DOMA -the federal law defining marriage as between a man and a woman.


When He ran for President, He said that he supported traditional marriage and his administration has done just that for the first two years of his term.

Nevertheless, Obama said on several occasions lately that he opposed DOMA and was committed to repealing it. Now he has committed his administration to do just that by default –by no longer supporting the ‘Defense of Marriage’ act as constitutional.

As an excuse for his new position the President claims that:

"Much of the legal landscape has changed in the 15 years since Congress passed DOMA. "The Supreme Court has ruled that laws criminalizing homosexual conduct are unconstitutional. Congress has repealed the military’s Don’t Ask, Don’t Tell policy. Several lower courts have ruled DOMA itself to be unconstitutional."

The 1996 federal Defense of Marriage Act DOMA) was enacted in 1996 under the Clinton administration and defines marriage as a legal union between one man and one woman for purposes under federal law. It also provides that states need not recognize same-sex marriages from another state.

Response: This is a major blow to Traditional marriage. This sets up the possibility for Judicial activism to settle the marriage issue once and for all regardless of the vote of the people or the legislatures and Congress.

The downfall of DOMA in the courts could force the federal government and all of the states to recognize same-sex marriages performed in the states where it is legal whether they want to or not. Same-sex marriages could become the law of the land merely by judicial fiat.            *Top

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