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Obama’s New Stand on Gay Marriage: Administration Stops Defending Marriage Act
Step forward for gay marriage rights
President Obama has ordered the Justice Department to stop defending the constitutionality of the Defense of Marriage Act — a law passed in 1996 that bars federal recognition of same-sex marriages.
This is a policy shift for Obama, who has always personally criticized the law but has sent Justice Department lawyers to defend its constitutionality in the past.
The Defense of Marriage Act not only bars federal recognition of same-sex marriage, it also protects states from having to recognize same sex marriages that are formed in other states.
Here’s the reason for the Obama administration’s shift in policy towards supporting same-sex marriages:
In the past, Obama has upheld Congress’ position that the Marriage Act is constitutional when lawsuits were filed in districts where the legal precedent leaned in support of the act. As The New York Times says:
“Those lawsuits were filed in circuits that had precedents saying that when gay people say a law infringes on their rights, judges should use a test called “rational basis” to evaluate that claim. Under that standard, the law is presumed to be constitutional.”
But currently there are two lawsuits in New York claiming that the Marriage Act violates gay people’s rights. These suits were filed in districts where ”the court has no precedent establishing which legal test judges should use when evaluating claims that a federal law violates gay people’s rights.”
That opened Obama up for taking his own stand on the issue, which he has clearly done by officially directing government to stop defending the Marriage Act and support equal opportunity for gay marriage. This is a welcome move towards equal rights and one that will be celebrated by many across the country.
What’s your take on the president’s decision today?
Image: flickr
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Manjari commented on Feb 23 11 at 8:00 pmYay!
Jenna commented on Feb 24 11 at 1:06 pmGo Obama!
Amanda commented on Feb 24 11 at 1:16 pmI don’t think DOMA is constitutional either due to the Full Faith and Credit Clause, but is there precedent for a current president to order the DOJ not to defend a law that was passed by congress and signed into law by a previous president when it’s being challenged in the courts? Does anyone know?
heatherturgeon commented on Feb 24 11 at 3:13 pmAmanda: it sounded like there is something about these districts in New York that shifts the burden of proof (i’m sure that isn’t the right legal term) so that the law isn’t presumed to be constitutional, as it was in other districts. I’m far from understanding the legal workings here – anyone else have insight?
Mike commented on Feb 25 11 at 9:54 amThis decision is very correct. Obama did the right thing. It’s not good that gay people marry. It disgusts me when I see gay people marry. It’s not at all normal and it’s against nature.
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