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From The Hill and ADF:
In reversal, White House orders Justice to stand down on gay marriage
By Sam Youngman - 02/23/11 12:20 PM ET
President Obama has instructed the Department of Justice to stop defending the Defense of Marriage Act, saying that parts of the law are unconstitutional.
Obama, who said last year that his opposition to gay marriage was "evolving," has told Attorney General Eric Holder to stand down in DoJ's defense of the Defense of Marriage Act (DOMA) because it is unconstitutional and there is not a "reasonable" argument for the federal government to defend.
White House press secretary Jay Carney stressed that Obama's personal views on gay marriage are "distinct from this legal decision."
While Obama continues to believe that marriage is between a man and a woman, Carney said that Obama "has long opposed [DOMA] as unnecessary and unfair."
Carney added that Obama is "grappling" with the issue of gay marriage.
DOMA asserts that states that do not recognize same-sex marriage do not have to honor the gay marriages and same-sex unions formed in other states. The law also says that the federal government recognizes marriage as being between a man and a woman.
In a statement, Holder said that after a review, "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 that Obama "has also concluded that Section 3 of DOMA, as applied to legally married same-sex couples, fails to meet that standard and is therefore unconstitutional."
"Given that conclusion, the president has instructed the Department not to defend the statute in such cases," Holder said. "I fully concur with the president’s determination."
Carney defended the timing of the announcing, noting that the Second Circuit had set a deadline the administration had to meet.
"The administration had no choice," Carney said.
DoJ will not defend the constitutionality of DOMA in two cases before the Second Circuit, but will "remain parties to the cases and continue to represent the interests of the United States throughout the litigation."
The decision is the latest high-profile move by the Obama administration to expand gay and lesbian rights since taking office in 2009.
LGBT activists had expressed frustration toward the White House for the better part of Obama's first two years in office, charging the president with not moving swiftly enough to expand gay rights.
The president signed into law in 2009 a measure allowing benefits to be shared by federal workers in same-sex couples.
But the biggest victory for LGBT activists came in the lame-duck Congress, when lawmakers approved a repeal of the military's "Don't ask, don't tell" ban on gay or lesbian members of the military serving openly.
Obama acknowledged in December that, despite his public opposition to same-sex marriage, his thoughts on the matter are in the process of shifting.
"My feelings are constantly evolving," Obama said. "My baseline is a strong civil union that affords them legal protections ... I recognize from their perspective, it's not enough."
Despite the administration's new stance on the marriage statute, Holder said that Obama told him as long as DOMA is law, the executive branch will enforce it.
"But while both the wisdom and the legality of Section 3 of DOMA will continue to be the subject of both extensive litigation and public debate, this administration will no longer assert its constitutionality in court," Holder said.
The administration also left open the door to members of Congress stepping forward to defending DOMA in court.
"I have informed Members of Congress of this decision, so Members who wish to defend the statute may pursue that option," Holder wrote. "The Department will also work closely with the courts to ensure that Congress has a full and fair opportunity to participate in pending litigation."
Michael O'Brien contributed to this post, which was updated at 1:03 p.m. and 1:55 p.m.
And this, related, from ADF:
FOR IMMEDIATE RELEASE
ADF statement in response to DOJ letter on Defense of Marriage Act
Obama administration says it will no longer defend key component of DOMA
Wednesday, February 23, 2011
WASHINGTON — In response to a letter from the U.S. Department of Justice informing the speaker of the House that the DOJ and President Obama will no longer defend a key component of the federal Defense of Marriage Act, the Alliance Defense Fund is issuing the following statement from ADF Senior Legal Counsel Austin R. Nimocks:
“The American people have a right to expect their laws to be defended by the very people whose job it is to do so: their government officials. But the administration is making clear that they are simply not going to defend marriage.”
“Marriage is a unifying issue in America. The federal Defense of Marriage Act reflects the reality that 90 percent of states protect marriage and that the citizens in those states believe in marriage as a union only between one man and one woman. Tragically, the Department of Justice has chosen to appease a small--but vocal and wealthy--constituency and abandon its duty to the people.”
“This only confirms what has appeared to be the case in several recent lawsuits. In those defense-of-marriage cases, the DOJ has undermined rather than defended DOMA. It’s unfortunate that the administration won’t defend such an important law passed with overwhelming bipartisan support. Either the House of Representatives or the Senate have the legal authority to intervene in pending lawsuits to defend the federal DOMA statute. In addition, ADF will not waver in its ongoing defense of marriage nationwide.”
ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.
In reversal, White House orders Justice to stand down on gay marriage
By Sam Youngman - 02/23/11 12:20 PM ET
President Obama has instructed the Department of Justice to stop defending the Defense of Marriage Act, saying that parts of the law are unconstitutional.
Obama, who said last year that his opposition to gay marriage was "evolving," has told Attorney General Eric Holder to stand down in DoJ's defense of the Defense of Marriage Act (DOMA) because it is unconstitutional and there is not a "reasonable" argument for the federal government to defend.
White House press secretary Jay Carney stressed that Obama's personal views on gay marriage are "distinct from this legal decision."
While Obama continues to believe that marriage is between a man and a woman, Carney said that Obama "has long opposed [DOMA] as unnecessary and unfair."
Carney added that Obama is "grappling" with the issue of gay marriage.
DOMA asserts that states that do not recognize same-sex marriage do not have to honor the gay marriages and same-sex unions formed in other states. The law also says that the federal government recognizes marriage as being between a man and a woman.
In a statement, Holder said that after a review, "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 that Obama "has also concluded that Section 3 of DOMA, as applied to legally married same-sex couples, fails to meet that standard and is therefore unconstitutional."
"Given that conclusion, the president has instructed the Department not to defend the statute in such cases," Holder said. "I fully concur with the president’s determination."
Carney defended the timing of the announcing, noting that the Second Circuit had set a deadline the administration had to meet.
"The administration had no choice," Carney said.
DoJ will not defend the constitutionality of DOMA in two cases before the Second Circuit, but will "remain parties to the cases and continue to represent the interests of the United States throughout the litigation."
The decision is the latest high-profile move by the Obama administration to expand gay and lesbian rights since taking office in 2009.
LGBT activists had expressed frustration toward the White House for the better part of Obama's first two years in office, charging the president with not moving swiftly enough to expand gay rights.
The president signed into law in 2009 a measure allowing benefits to be shared by federal workers in same-sex couples.
But the biggest victory for LGBT activists came in the lame-duck Congress, when lawmakers approved a repeal of the military's "Don't ask, don't tell" ban on gay or lesbian members of the military serving openly.
Obama acknowledged in December that, despite his public opposition to same-sex marriage, his thoughts on the matter are in the process of shifting.
"My feelings are constantly evolving," Obama said. "My baseline is a strong civil union that affords them legal protections ... I recognize from their perspective, it's not enough."
Despite the administration's new stance on the marriage statute, Holder said that Obama told him as long as DOMA is law, the executive branch will enforce it.
"But while both the wisdom and the legality of Section 3 of DOMA will continue to be the subject of both extensive litigation and public debate, this administration will no longer assert its constitutionality in court," Holder said.
The administration also left open the door to members of Congress stepping forward to defending DOMA in court.
"I have informed Members of Congress of this decision, so Members who wish to defend the statute may pursue that option," Holder wrote. "The Department will also work closely with the courts to ensure that Congress has a full and fair opportunity to participate in pending litigation."
Michael O'Brien contributed to this post, which was updated at 1:03 p.m. and 1:55 p.m.
And this, related, from ADF:
FOR IMMEDIATE RELEASE
ADF statement in response to DOJ letter on Defense of Marriage Act
Obama administration says it will no longer defend key component of DOMA
Wednesday, February 23, 2011
WASHINGTON — In response to a letter from the U.S. Department of Justice informing the speaker of the House that the DOJ and President Obama will no longer defend a key component of the federal Defense of Marriage Act, the Alliance Defense Fund is issuing the following statement from ADF Senior Legal Counsel Austin R. Nimocks:
“The American people have a right to expect their laws to be defended by the very people whose job it is to do so: their government officials. But the administration is making clear that they are simply not going to defend marriage.”
“Marriage is a unifying issue in America. The federal Defense of Marriage Act reflects the reality that 90 percent of states protect marriage and that the citizens in those states believe in marriage as a union only between one man and one woman. Tragically, the Department of Justice has chosen to appease a small--but vocal and wealthy--constituency and abandon its duty to the people.”
“This only confirms what has appeared to be the case in several recent lawsuits. In those defense-of-marriage cases, the DOJ has undermined rather than defended DOMA. It’s unfortunate that the administration won’t defend such an important law passed with overwhelming bipartisan support. Either the House of Representatives or the Senate have the legal authority to intervene in pending lawsuits to defend the federal DOMA statute. In addition, ADF will not waver in its ongoing defense of marriage nationwide.”
ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.
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