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Obama: Law Against Gay Marriage Unconstitutional

In big shift, feds will no longer defend DOMA in court

By John Johnson,  Newser Staff

Posted Feb 23, 2011 12:32 PM CST

(Newser) – Big win for gay rights advocates: The Obama administration has concluded that the Defense of Marriage Act—the law that bars federal recognition of same-sex marriage—is unconstitutional and won't defend it in court anymore, reports NPR. The president gave the Justice Department its new marching orders today, and Eric Holder says he agrees with the decision. (Click for his statement.)

"The significance of this development cannot be overstated," writes Max Simon at the gay blog Queerty. "No longer will the federal government truly stand in the way of lawsuits challenging the constitutionality of DOMA's Section 3. Which means if Congress does not repeal the law, the courts will, and the Obama administration won't get in their way." Plus, Holder finally used the word "unconstitutional," he notes. "This is a great day."

In this file photo from 2008, Eric Manriquez, left, and Juan Rivera hold their gold wedding rings together as they get married in East Los Angeles.
In this file photo from 2008, Eric Manriquez, left, and Juan Rivera hold their gold wedding rings together as they get married in East Los Angeles.   (AP Photo/Damian Dovarganes, File)
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COMMENTS
Showing 3 of 35 comments
non
Feb 24, 2011 2:00 AM CST
the people that fight equality for gays are in the same mind set as the group of people that said 'well if we give black people their own water fountains; they won't drink out of our white only ones:separate but equal'..... so why not just let them have their way? simple if we do who's next? the blacks... again, women...again, disabled? war vets? people with green eyes? i got an idea lets start with the Christians...first we round them up and put them in camps....nothing like hitler at all. those that do not learn from history are forced to repeat it.
riffraff
Feb 23, 2011 11:17 PM CST
I gotta say I'm surprised, I honestly thought he'd wait until after re-election.
Cher
Feb 23, 2011 11:08 PM CST
Obama took an oath to uphold the Constitution of this great nation. He nor Holder has the right to pick and choose which law they will follow and which law they will simply say is "unconstitutional". I know he wants to be a ruler, not the president. Just like other people in other countries are protesting, we Americans just might be the next nation to do just that!!!!! We MUST vote out Obama in 2012. He thinks the White House is his palace.
 

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