- Feb 5, 2002
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Mr. President, you just picked a fight you cant win.
By refusing to defend the Defense of Marriage Act (DOMA), by calling it legally indefensible, by inventing a new constitutional doctrine (i.e., that sexual orientation is a protected class) never accepted by the Supreme Court, by rejecting controlling Supreme Court precedent in Baker v. Nelson on marriage, by nakedly politicizing the Justice Department, by nationalizing the marriage question and forcing major GOP leaders and presidential candidates to act, President Obama is not only helping build up a national marriage movement he has actually made it far more likely the Supreme Court will ultimately vote to uphold DOMA.
Obama, living in an increasing bubble, must have started believing those press releases and New York Times headlines saying Americans dont care about marriage anymore. He must have calculated that Congress would not respond to his outrageous dereliction of duty.
Continued- http://www.ncregister.com/daily-news/president-obamas-doma-outrage-will-backfire/
By refusing to defend the Defense of Marriage Act (DOMA), by calling it legally indefensible, by inventing a new constitutional doctrine (i.e., that sexual orientation is a protected class) never accepted by the Supreme Court, by rejecting controlling Supreme Court precedent in Baker v. Nelson on marriage, by nakedly politicizing the Justice Department, by nationalizing the marriage question and forcing major GOP leaders and presidential candidates to act, President Obama is not only helping build up a national marriage movement he has actually made it far more likely the Supreme Court will ultimately vote to uphold DOMA.
Obama, living in an increasing bubble, must have started believing those press releases and New York Times headlines saying Americans dont care about marriage anymore. He must have calculated that Congress would not respond to his outrageous dereliction of duty.
Instead, Speaker John Boehner, R-Ohio, today announced that the House will act to intervene in the DOMA legal cases. This is a huge victory for marriage and hugely important to winning these cases in the Supreme Court.
The federal Defense of Marriage Act does two simple things: It defines marriage for federal law as the union of husband and wife, and it clarifies that states are not required to recognize gay marriage performed in other states.
Neither of these DOMA provisions is extraordinary or unusual in any way. The federal law has often defined terms like marriage and parent differently from state law for a number of purposes such as immigration, for example. Back in the 19th century, when the issue was polygamy, numerous courts upheld the federal governments right to define marriage in federal territory as one man and one woman. And states are already permitted to refuse to recognize marriages that contradict that states marriage policy.
Continued- http://www.ncregister.com/daily-news/president-obamas-doma-outrage-will-backfire/