Obama Supports Bill to Repeal Defense of Marriage Act

http://www.theatlanticwire.com/politics/2011/07/obama-supports-bill-repeal-defense-marriage-act/40159/

Obama Supports Bill to Repeal Defense of Marriage Act

Adam Clark Estes 3:18 PM ET1,291 ViewsComments (2)



President Obama is endorsing a bill to overturn the Defense of Marriage Act. Introduced by Democratic senators Dianne Feinstein, Patrick Leahy and Kirsten Gillibrand, the Respect of Marriage Act would repeal the law, which defines marriage as between a man and a woman and effectively bans same-sex marriage on a federal level. The bill comes well after Obama instructed the Department of Justice to stop enforcing DOMA. National Journal reports that press secretary Jay Carney announced the president's stance on the bill in a Tuesday afternoon press conference:


The president has "long called for a legislative appeal for the so-called Defense of Marriage Act which continues to have a real impact on families," White House spokesman Jay Carney told reporters at Tuesday's briefing. He said the president "is proud to support the act, which would take the Defense of Marriage Act off the books for once and for all."

Pro- and anti-gay marriage groups are scheduled to appear before the Senate Judiciary Committee to answer questions about the new bill on Wednesday.

[DOMA] defines marriage as between a man and a woman and effectively bans same-sex marriage on a federal level.

The bold is inaccurate. What DOMA actually does is make the states exempt from any requirement to recognize a gay marriage performed in another state, as a valid marriage.

Obama's views on gay marriage are "constantly evolving," apparently his current position is that he opposes it, but supports civil unions. But in February, the Justice Department suddenly reversed its position and declined to defend the Constitutionality of DOMA (after initially defending its Constitutionality).



Well, I think the Obama administration is taking baby steps in the right direction on this.

It's interesting because the black community is largely opposed to gay marriage and I think this was the reason that Obama initially opposed gay marriage. No less a liberal luminary than Juan Williams has observed that the black community is overwhelmingly opposed to gay marriage - and this is a key constituency for Obama.

Personally, gay marriage should not be something the federal government gets involved in. This is a states matter. If the people of New York or California want to allow gay marriage, then they should have it. There is no constitutional role for the federal government in this matter. The only way there could be is through a constitutional amendment. And I don't see that happening.

The bill comes well after Obama instructed the Department of Justice to stop enforcing DOMA.

I didn't know the president could decide which laws to follow and which ones not to follow. Ditto for the DoJ.

That said, I could give a shit less about gays and them marrying.

dblboggie wrote:Personally, gay marriage should not be something the federal government gets involved in. This is a states matter.

I disagree. It's an Equal Protection issue (IMO).

If the people of New York or California want to allow gay marriage, then they should have it.

Which DOMA does not ban. The issue is whether other states can refuse to recognize the validity of those marriages.

kronos wrote:

dblboggie wrote:Personally, gay marriage should not be something the federal government gets involved in. This is a states matter.

I disagree. It's an Equal Protection issue (IMO).

There we would part ways.

kronos wrote:

dblboggie wrote:If the people of New York or California want to allow gay marriage, then they should have it.

Which DOMA does not ban. The issue is whether other states can refuse to recognize the validity of those marriages.

Under the constitution, other states cannot refuse to recognize the validity of those marriages.

dblboggie wrote:

kronos wrote:

dblboggie wrote:Personally, gay marriage should not be something the federal government gets involved in. This is a states matter.

I disagree. It's an Equal Protection issue (IMO).

There we would part ways.

kronos wrote:

dblboggie wrote:If the people of New York or California want to allow gay marriage, then they should have it.

Which DOMA does not ban. The issue is whether other states can refuse to recognize the validity of those marriages.

Under the constitution, other states cannot refuse to recognize the validity of those marriages.

The first and second parts of your post seem to contradict each other. You're saying the states are constitutionally required to recognize same-sex mariages from other states? Then it's a federal issue.

What provision of the Constitution requires the states to recognize those marriages, if not the Equal Protection Clause?

Also, currently, the states are not required to recognize the validity of out-of-state SSMs. DOMA is still the law of the land until SCOTUS smites it down.