I have to admit it. I’m often truly taken aback at the clear brilliance that comes from the Obama Administration. And folks, he’s done it again.
You may have heard. The Administration, through Eric Holder, Attorney General, has determined that parts of DOMA (Defense of Marriage Act) are unconstitutional and thus will no longer be defended in court.
First lets look at the actual statute, so we know what we speak of. You can look at the actual language at Wikipedia. Basically section two says that no state need recognize the same-sex marriage of another state. Section three expressly defines marriage as that between a man and a woman.
It is this third section that Obama determined unconstitutional and ordered Holder to cease defending in court. It’s important to use the word “defending” since the Administration remains obligated to enforce the law in totality unless and until such time as it is officially declared unconstitutional by a higher court.
Section two remains enforceable as well, and actually stands on firmer ground under the right of Congress to determine under what circumstances a state need give “full faith and credit” to the actions of another state.
What Obama objected to is the idea that the federal government will recognize some marriages in a state, but not those that are composed of same-sex parties. He determined that this violated the equal protection clause of the US Constitution. (The EPC is the main basis for the striking down of man/woman only marriage statute in Iowa for instance.)
What is even more important here, is that in a deft move, Obama has placed the entire mess in the lap of John Boehner and the GOP. Obama has notified the courts that the Congress, through its attorneys may want to step into the breach and offer defense to the provision.
One can almost see the twinkle in the eye of the President at this. Boehner, caught unawares of his new predicament sputtered:
“While Americans want Washington to focus on creating jobs and cutting spending, the President will have to explain why he thinks now is the appropriate time to stir up a controversial issue that sharply divides the nation.”
Does he cater to the extremists on the right who are suitably apoplectic? Or recognize that the country is moving inexorably toward favoring marriage equality and the courts are definitely moving in that direction as well? Oh the tough decisions!
Did I say that the extremist wonkettes were suitably apoplectic?
Foxy pundit Monica Crowley, legal expert, screeched that Obama was the US equivalent of Hosni Mubarak, that democracy was over, and that an impeachable offense was at hand.
Beck’s Nincompoops were not far behind:
Snowleopard {gallery of cat folks}
For 15 years the law has been in existence, and could be challenged in the courts if he feels so deeply in the unfairness of it; that is one reason the courts exist, to legally redress wrongs done or imposed by laws and statutes harmful to the ideals of the constitution.
Snowleopard: You’ve obviously been in a snow cave for a very long time. The law has been challenged again and again, and recently it was struck down again just recently. It’s best not to open you mouth to declare that you are stooopid. Just a hint.
Posted on February 23, 2011 at 2:25pm
Divide…divide…..divide….divide…..divide……PUSH! He is about ready to create enough unrest to kickstart the massive tea party protests again. But this time the labor unions / communists / socialists / anti capitalists are planning to mix it up with us in a violent way. And when that happens Barry unfortunately will have no choice but to shut down these violent tea party protests and their violence-inspiring rhetoric. The backdrop of protests around the world toppling governments will be enough to keep the sheeple from raising too much of a ruckus about the suspension of civil liberties.
chambers: Who’s your wizard? I think the Munchkins stole the conspiracy papers and gave them to the Witch.
Posted on February 23, 2011 at 2:26pm
POTUS needs to be IMPEACHED!!!! Once again he has broken his oath of office. Who the hell is he to decide what is constitutional or not? which laws to enforce or not? He is still implamenting (sic) obammacare even tho it was ruled UNCONSTITUTIONAL!!!!! He is breaking the law in doing so!!!! This man is evil and will be the dam-nation of us all.
Not really news. Obama wasn’t defending DOMA in any valid way.
The only news out of this is that he’s exposing himself. yet again.
Obama , on every issue, is taking the opposite positition (sic) of the majority of American people.
Most Americans are not for gay marriage, most are not for hugging Muslims , most are not for Obamacare , most are not for public employee unions.
Obama is the anti American President
I have a gut feeling that the lolly-bama may be the last person that holds the title of President of the United States. I don’t think he has any plans of leaving his post, no matter what.
Nothing should surprise us with this administration and in the world either for that matter. I tried to warn people when he was campaigning that I feared for America because he was the most liberal senator ever in US history. Nobody would listen to me.
Keeps getting better. Its time to take up arms and defend the Constitution. Talk is cheap, action deserves attention. For those of you who voted for him are pro-switch hitters now
Why is it only We the People that can see what is happening and not one polititian (sic) or state?
Impeachment is the only way to stop him, because in 2012, there will be no election taking place.
APatriotFirst: Where did they hide that November, Tuesday thingie? And I bought a new dress just for the occasion.
Posted on February 23, 2011 at 3:18pm
And with Somali pirates killing 4 Americans, Hundreds of civilians dying in Libya, and the Union uproar and fleeing Senators in Wisconsin….this is what we get from the White House?
LibertyorDie2011: Shocking isn’t it? Presidents are actually required to do more than one thing at a time. Unlike yourself, who sits in your BVD’s, swigging a beer, munching a bologna sandwich and typing one finger. Congrats on spelling Somali right! Love that spellcheck don’t you?
AH, I love the smell of napalm in the morning. Everyone suitably awake now? Off to your day now. And the beat goes on.
Existential Ennui 
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2012 is next year and Obama feels the heat of being bypassed on his very neck. He wants the LBGT votes because in his case every vote counts. That has nothing to do with equal protection or Tango in Paris. If equal protection is that important, how come the banks got trillion and we got a flying bird? Equal protection is a nice excuse for a lousy president.
I think it’s another misstep.
The GOP will introduce a new “Defense of Marriage” act just before the 2012 elections. If Obama signs it, he pisses of his base; if he vetoes it, he energizes their base.
There is no need for a new one Thomas. The old one is still in force, and eventually will find its way to at least an appellate level. I’m sure section 3 will be declared unconstitutional, or believe it will. Obama would not sign it, and frankly, I doubt “their” base needs any further energizing. They are insane for the most part, at least this segment of it is. The electorate is split almost 50/50 on the issue of gay marriage, but it is something like 75/25 in favor of civil union. Do the math. This was a no-brainer as far as I can see. Boehner is the one in the hot seat.
You said it, Jack ip!!! Relationships of gays fine. But why Change the Defiinition of “Marriage”? Gays I respect like anyone, but: (1) They don’t have the natural Equipment for Sex (2) Marriage is the Formality To stay together Lifetime, To Have, Raise Children of Theirs. Have to have the Equipment to. (3) Obama has never Been Prewsident, or Leader. He has changewd Nothin g essential from Big Money or GOP Policy. Today’s News is he even Violated his Campaign promise to Put good Shoes on, and Join a Union or aggrieved Workers March. He hasn’t even ever Criticized Far Right POLICIES.
Well Tony, I think gay folks make just fine parents, and the studies done back that up. Frankly I think all unions ought to be civil, and churches can then do as they please as to a religious service. I think Obama has made it well known what his position is vis a vis the Wisconsin unions. He has stated that the GOP is trying to bust unions, and that that is their true motivation.
I doubt Obama feels “bypassed”. And I suspect he “has” the LBGTQ vote pretty much anyhow…They certainly aren’t going to vote republican. And frankly, the third section of DOMA has everything to do with equal protection. I suspect you don’t understand it. I have no clue how you think it’s connected to the banks. And Obama has proven to be anything but lousy. But you are, of course, entitled to your opinion.
They really don’t like being treated that-a-way. What did you say? Served.
lol Lib. I think the whole thing was simply stunningly brilliant.
Thank you, Sherry, for a quite interesting analysis of the politics involved in the matter.
You bet!