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Obama Justice Department -- Gingerly, This Time -- Files Brief Against Same Sex Marriage
September 18, 2009 8:20 PM
A short time ago, President Obama's Justice Department filed a brief in the U.S. District Court in Massachusetts defending the 1996 Defense of Marriage Act, which defends the right of states to not recognize same-sex marriages from other states -- a law President Obama opposes.
You can read the brief HERE.
Unlike the administration's previous filing in June -- which upset gays and lesbians by seeming to compare the illegitimacy of same sex couples to incestuous couples -- this filing states right off the bat that the president opposes DOMA because it is "discriminatory."
"The government’s filing continues to make clear that the administration believes the Defense of Marriage Act is discriminatory and should be repealed," Justice Department spokeswoman Tracy Schmaler said in a statement. "The president has said he wants to see a legislative repeal of DOMA because it prevents LGBT couples from being granted equal rights and benefits."
But, the Justice Department brief states, the administration is obligated to defend federal statutes when they are challenged in court and the Justice Department cannot pick and choose which federal laws it will defend based on any one administration’s policy preferences.
Mary L. Bonauto, co-lead counsel in the case and an official of Gay & Lesbian Advocates & Defenders, said in a statement, "Nothing in the government’s brief addresses the fact that DOMA is the sole exception in a long history of the federal government deferring to the states’ determination that people are married. Obviously, we disagree with any argument that DOMA is constitutional. Married same-sex couples are being treated differently from other married couples. To us, that’s a clear-cut violation of the promise of equal protection.”
- jpt
September 18, 2009 | Permalink | Share | User Comments (37)
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I meant to say "Chad"!
Sorry Maybee:D
Posted by: thomasAlex | Sep 22, 2009 7:58:47 PM
People like "MayBee" make the ignorant that much more ignorant! A dog isn't a human(US Citizen), or am I mistaken?
Posted by: thomasAlex | Sep 22, 2009 7:56:33 PM
I just can't deal with the ludicrous people in this comment section. When gay people vote republican they are assuring that they will never have a right to marry their partners. I am gay and I would much rather have my dignity and vote for Obama than a few bucks for republicans. And it's funny that people who DISLIKE Obama anyways are now trying to recruit the gays against Obama by saying that he is against our community, but last time I checked John McCain supported Proposition 8 and had much less of a gay rights platform than Obama. If that's not being used by a political party, Ollie, than I don't know what is. You might as well say the democrats use black people.
When the majority of Republicans start championing our causes and not just Olympia Snowe and Meghan McCain, I might reconsider.
Posted by: Nick | Sep 22, 2009 12:36:03 AM
Of course, once the issue of same-sex marriage is more or less resolved, it'll be time to debate the legitimacy of bestiality and necrophilia. I mean, it's natural, they're born that way, they can't change it...
Posted by: Eric | Sep 20, 2009 10:54:31 PM
Julieterra, you must not have ever voted or you would know that most of the states do not require anyone to show an ID in order to vote. The liberals said it was not fair to have someone show their ID, that it was discriminating for someone that does not have one to show. So Mickey, cinderella, Donald Duck, and John F. Kennedy(dead person) CAN vote, thanks to that wonderful ACORN organizer, your friend not mine, Obama.
Posted by: historyteacher | Sep 20, 2009 9:58:16 PM
No problem Reverend. Nice to see that some people recognize when they have jumped to the wrong conclusion. :)
Posted by: Bridget | Sep 20, 2009 8:10:20 PM
I apologise...
I meant to direct my first comment to chuckles...
Not bridget.
Posted by: Reverend_Boony | Sep 19, 2009 7:02:18 PM
"Honestly, just because it is 'mutual' between couples doesn't qualify it as a socially acceptable lifestyle."
@ Bridget
Just because same sex marriage isnt accepted by all in our society doesnt make it wrong or immoral.
You do know that at one time inter-racial marriage wasnt "socialy acceptable" right ?
Whether all of society accepts a minority or not, has no bearing on their right to equality nor should it.
Posted by: Reverend_Boony | Sep 19, 2009 7:01:09 PM
Funny. Obama is almost a carbon copy of Bill Clinton's disastrous first year.
Posted by: Tere | Sep 19, 2009 3:57:31 PM
The Justice Department does need to uphold the law of the land.
BUT I would love to see gay marriage be legal and recognized in all 50 states. It's time.
Posted by: MayBee | Sep 19, 2009 10:31:35 AM
***
I agree.
Posted by: Alyson | Sep 19, 2009 3:20:57 PM
"No more ACORN to register dead people and Disney characters...
Obama is scared."
________________________________________
What a foolish piece of propaganda.
The street people doing the registering might have made a few more bucks, but NONE of these non-existent people were going to be able to vote because they would not have I.D. for Disney characters or the dead.
This is the fanatical right wing harping repeatedly on their phony talking points.
Posted by: julieterra | Sep 19, 2009 2:54:54 PM
Obama is just trying to get a few conservative votes.
He knows the gays aren't going anywhere.
No more ACORN to register dead people and Disney characters...
Obama is scared.
Posted by: kyle | Sep 19, 2009 2:35:57 PM
Obama has said he's against marriage equality so he can get into the White House because the majority of the USA is still uncomfortable with fellow gay citizens. He sees the tide is turning and he wants to ensure he'll be on the right side in the long-term. Believe it or not, but his support for marriage equality will just continue to expand.
Posted by: allen | Sep 19, 2009 2:34:30 PM
The LGBT community must feel like Poland, the Czech Republic and Eastern Europe.
Betrayed.
Posted by: millie | Sep 19, 2009 2:33:23 PM
Posted by: ollie | Sep 19, 2009 1:46:06 PM
Ollie, read this again. Perhaps it will clarify your misunderstanding of the situation.
________________________________________
"The government’s filing continues to make clear that the administration believes the Defense of Marriage Act is discriminatory and should be repealed," Justice Department spokeswoman Tracy Schmaler said in a statement. "The president has said he wants to see a legislative repeal of DOMA because it prevents LGBT couples from being granted equal rights and benefits."
But, the Justice Department brief states, the administration is obligated to defend federal statutes when they are challenged in court and the Justice Department cannot pick and choose which federal laws it will defend based on any one administration’s policy preferences.
Posted by: julieterra | Sep 19, 2009 2:25:31 PM
Face it my gay brothers and sisters.
Obama is just not that into us.
Unless it benefits him.
We are too controverial right now.
Obama will probably get enough guts in maybe 2013--after reelection.
I didn't vote for him in 2008 and won't in 2012.
I don't like being used.
At least the Republicans take a stand and stick to it.
Posted by: ollie | Sep 19, 2009 1:46:06 PM
Let's see.
Obama was for gay marriage in the 90's.
Then flipflopped for political reasons.
Threw gay people under the bus like he did Rev Wright.
He has no loyalty except to himself.
Wake up gay people.
Obama is not who you thought he was.
Posted by: max | Sep 19, 2009 1:40:27 PM
Obama will be tossing the gay community a bone next week to make up for this stinker. As usual they'll lap it up.
He can't afford to tick off his Hollywood friends or the huge amounts of money backing gay rights.
They backed Obama big time.
Where did "hope and change" go?
Posted by: riley | Sep 19, 2009 1:35:25 PM
The Justice Department does need to uphold the law of the land.
BUT I would love to see gay marriage be legal and recognized in all 50 states. It's time.
Posted by: MayBee | Sep 19, 2009 10:31:35 AM
How about equal protection for polygamists or the guy down the block that wants to marry his dog? Where does equal protection end?
Posted by: chad | Sep 19, 2009 10:20:04 AM
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