Justice Department will no longer defend DOMA in legal challenges


Is it legal? DOMA is a law passed by Congress and signed by President Clinton. Now the president and his highest law enforcement officer of the land will disregard it.

Couldn’t president Obama direct congress to do something with it as he directed the health care law. But of course he couldn’t with the democrats majority in the house gone. But he could have waited for 2012 if they think they can get back congress.

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http://politicalticker.blogs.cnn.com/2011/02/23/justice-department-will-no-longer-defend-doma-in-legal-challenges/#more-147937
By: CNN Wire Staff

Washington (CNN)– President Barack Obama has ordered the Justice Department to stop defending the constitutionality of the Defense of Marriage Act, which defines marriage as only between a man and woman, according to a statement Wednesday from Attorney General Eric Holder.
“The president has concluded that given a number of factors, including a documented history of discrimination, classifications based on sexual orientation should be subject to a more heightened standard of scrutiny,” Holder said.

The key provisions in the law “fails to meet that standard and is therefore unconstitutional.”
“Given that conclusion, the president has instructed the (Justice Department) not to defend the statute” in two pending cases in New York state, Holder said. “I fully concur with the president’s determination.”

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About pnclaw

I am not a political activist, but I am paying attention to what's happening in our beloved country, especially for the sake of my grandchildren. I hope you are too.
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