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Truthout...
White House Declares
Defense of Marriage Act Unconstitutional
by Nadia Prupis, t r u t h o u t | Report
Wednesday 23 February 2011
The Obama administration said Wednesday that the Defense of Marriage
Act is unconstitutional and the Justice Department will no longer
support it. The Defense of Marriage Act is a federal law defining
marriage as a legal union between one man and one woman.
Attorney General Eric Holder sent a letter to House Speaker John
Boehner stating, “Section 3 of the Defense of Marriage Act ... as
applied to same-sex couples who are legally married under state law,
violates the equal protection component of the Fifth Amendment.”
“The President and I have concluded that classifications based on
sexual orientation warrant heightened scrutiny and that, as applied to
same-sex couples legally married under state law, Section 3 of DOMA is
unconstitutional,” Holder wrote.
According to the letter, President Obama made his decision after he
reviewed two cases in federal appeals courts and found them to be in
violation of the Constitution. In light of a “documented history of
discrimination,” among other factors, Obama concluded that
discriminatory treatment based on sexual orientation should be “subject
to a heightened standard of scrutiny,” which the Defense of Marriage
Act does not meet.
Holder said the administration was obligated to continue enforcing the
law until it was appealed or overturned by a court that delivers a
“definitive verdict against the law’s constitutionality.”
Congressman Jerrold Nadler (D-New York), the ranking Democrat on the
House Constitution Subcommittee, noted the historical significance of
the announcement.
“This marks the first time that the federal government has recognized
that a law designed to harm LGBT Americans and their families cannot be
justified,” Nadler said. “I commend Attorney General Holder and
President Obama for their leadership, integrity and courage.”
Nadler also said he would be reintroducing his legislation to repeal
the Defense of Marriage Act to “ensure that committed, loving couples
can rely upon the legal responsibilities and security that come with
the time-honored tradition of marriage.”
Same-sex marriage is currently legal only in the states of Connecticut,
Iowa, Massachusetts, New Hampshire and Vermont, as well as the District
of Columbia. Some other states allow civil unions, but do not recognize
married couples.
Read it at truthout
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