The Obama administration finds part of the 1990s anti-gay marriage act unconstitutional. Wow
This will develop into fairly big news, you can bet:
The Obama Justice Department has decided that part of the Defense of Marriage Act is unconstitutional and will not defend it in court.
"After careful consideration, including a review of my recommendation, 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," Attorney General Eric Holder said in a statement.
"The President 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," Holder said. "Given that conclusion, the President has instructed the Department not to defend the statute in such cases. I fully concur with the President's determination."
DOMA was the 1990s anti-gay marriage bill that Congress passed and Bill Clinton signed. Section 3 defines marriage as between a man and a woman. That's pretty straight (as it were) forward.
Maybe some of the legal eagles among you can parse this paragraph of Eric Holder's letter:
Much of the legal landscape has changed in the 15 years since Congress passed DOMA. The Supreme Court has ruled that laws criminalizing homosexual conduct are unconstitutional. Congress has repealed the military's Don't Ask, Don't Tell policy. Several lower courts have ruled DOMA itself to be unconstitutional. Section 3 of DOMA will continue to remain in effect unless Congress repeals it or there is a final judicial finding that strikes it down, and the President has informed me that the Executive Branch will continue to enforce the law. 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.
Will enforce the law but will no longer assert Section 3's constitutionality in court...What legal responses and stratagems does this invite in practice?
In any case, high time, high time. And I applaud Obama for not waiting until his second term to do this. Put it on the table. There are some things you just ought to do.
The tea-party House, of course, will go nuts and will pass a far harsher DOMA bill. And if the GOP nominee is Mike Huckabee or Michele Bachmann or "Lou Sarah," lookout!
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