From the New York Daily News:
In a major reversal, the Obama administration said Wednesday that the Defense of Marriage Act – which defines marriage as only between a man and a woman -- is unconstitutional.
And to make that point, the White House has instructed the Department of Justice to stop defending it in court.
"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.
He added that the law "fails to meet that standard and is therefore unconstitutional.
Jesus, This is huge!
We knew that getting the homosexual community the same rights enjoyed by every other American would take time, but THIS has certainly moved that chess piece forward in a big way.
I have said it before, but it bears repeating. THIS President will go down in history as the most pro-gay rights President in American history.
And don't forget he is a REALl Christian with bible based concerns about same sex marriage. However he is doing the right thing despite his personal religious beliefs and I think that permitting same sex marriage on a national level is just around the corner.
I'm ashamed because there was at time I would have supported DOMA. I used to think that gays were entitled to "unions" but just don't call it marriage. I was also worried that the kids of gay couples might grow up with strange morals.
ReplyDeleteOver the years, I have come to believe that gays deserve the same marriage benefits as everyone else and it should be called "marriage". What changed my mind? Just getting to know gay people and the kids of gay couples. They're just like everyone else, no better, no worse. I can't deny these people the same rights that I enjoy.
I love our President.
ReplyDeleteHallelujah! Marriage is just a word .... a word that is not limited in scope by whatever it might say in the Bible. Words do matter. This makes me so happy! It is a union; it is the state of being married. In the dictionary there is no stipulation that it must ONLY be between a man and a woman. I am so happy!
ReplyDeleteThis is huge.
ReplyDeleteI can just feel the heads of the GOP and Tea Party folks getting ready to burst from high blood pressure!
This President does live his faith. While I am no longer a Christian myself, I respect the way he lives his faith in a humble and personal way.
No one should impose their own personal beliefs on others, period. That President Obama has been able to understand that is such a blessing for this country.
Religion should be an intimate personal relationship with the divine, not a road map to suppress or oppress others.
That's where Christian right-wingers have gone astray. They want to impose their beliefs upon everyone else, just like radical Islam clerics or the Taliban.
Thank goodness we have sane, reasonable, rationale President!
thank you gryph:)
ReplyDeletethank you so much.
I'm a Christian too, (a critical thinking one). LOL, I believe President Obama is a man who is truly for Human rights. We are all equal. Period.
ReplyDeleteWe have several people in our church that are gay and one man in particular who wants to be called 'Sister' and dresses more feminine than I do. He comes to church and comfortably sits with us because he is one of us.
Christians should learn to love everyone no matter what their race, color, creed, religion or sexual orientation
As a mild concern, does President Obama have that legal ability to declare what is and what is not constitutional? I mean, if he decides that, then what is the Supreme Court for? What kind of precedent is this setting?
ReplyDeleteTo coin a phrase... "I've got a bad feeling about this..."
Note to Republicans.
ReplyDeletePayback for trying to break unions. You better think twice before you attack our teachers.
Oh, and nyah, nyah, nyah, nyah, nyah.
I think Obama is more than capable of determining what is and is not constitutional. It will take the Supremes to overrule him. And maybe not them since they don't have control over the justice dept.
1:29 - thank you for sharing your evolution of beliefs. It was quite touching and I hope will help others realize the truth of your experience and perspective.
ReplyDeleteBless you!
This is a wise.decision on President Obama's part and I applaud it!
ReplyDeleteOkay I had to go straight to WhiteHouse.gov on this one! Posted my thanks.
ReplyDeleteOMG. This makes me very proud of our President.
ReplyDeleteExcellent. Hopefully this will clear the way for full marriage rights everywhere.
ReplyDeleteIf you listen real hard you can hear the heads of the Westborough Church members exploding even from way up here in Alaska.
ReplyDeleteIF I remember correctly the Muslim faith is not overly pro-gay.
ReplyDeleteWonder how this decision will sit with those that insist BO is Muslim?
WOW. JUST WOW.
ReplyDeleteas a gay man. 40. growing up in this country i NEVER thought i would ever see a day that i will be accepted by our government.
truth be told. it never bothered me toooooooo much. i had a BLAST being a outsider. nothing more fun than being a rebel.
what a great great joy to be bless with that i may grow old in a country now that i am accepted for who i am and who i love.
straight people take it for granted. they have no idea how hard it is. so hard you have to ignore it.
this is the BEST NEWS ive had since the day that fantastic man became OUR president.
He's right. Finally actions follow his words.
ReplyDeleteEat that, Prevo, Parnell, Dandy Dan - the list is long.
Any comment from adulterous and thrice-married Gingrich? If he's running for president he'll be expected to make some comment about the sanctimoniousness of marriage!
ReplyDeleteOur amazing president is on the job! Makes me feel so proud and SAFE.
ReplyDeletePresident Obama on the Situation in Libya
http://www.youtube.com/user/whitehouse#p/u/0/xe_nJRpaNl4
Heard about this on the way home. Great news. I'm sure my neighbors' heads are exploding right about now. It's tough being the only liberal on the block.
ReplyDeleteThis is HUGE.
ReplyDeleteI love our President, and I love that he's calling upon the Constitution to find parity for the most intimate interests at the heart of the GLBT family members and friends I love.
Thanked the White House.
ReplyDeleteTo Anon 1:29 PM
ReplyDelete>>Over the years, I have come to believe that gays deserve the same marriage benefits as everyone else and it should be called "marriage". What changed my mind? Just getting to know gay people and the kids of gay couples. They're just like everyone else, no better, no worse. I can't deny these people the same rights that I enjoy.
I really appreciated your statement right there. It really shows how much growth and education you've allowed yourself and the wisdom to change your thinking is profoundly impressive. You have NOTHING to feel ashamed of in my book. In my book, you are a lovely, tolerant, open-minded person.
Isn't is amazing when we simply let ourselves witness the beauty of all of God's children. Truly.
to the very first 'anonymous' post who talked about being ashamed..
ReplyDeletei want to say thank you.
i felt the same way. and i am gay.
that is how sad this country was.
your words healed my heart and i thank you.
now.
LETS PARTY!!!!
HEY Anonymous 1:29!
ReplyDeleteThat is what I would call COURAGE. Nothin' to be ashamed of. Nothin' at all. By sharing your progression in consciousness, you clearly illustrated what is possible when we put aside our fear and ignorance and learn, witness and experience through our own senses, rather than stubbornly cling to what we may have been indocrinated by/taught.
And your life is clearly all the richer for it. Bless you.
Anon @ 2:05. Actually you are correct. The President (Executive branch)cannot determine the constitutionality of a law and that is by design in our system of government. Only the Judicial branch can do that, so a case would need to go before the Supreme Court as they are the ultimate arbiter of constitutionality.
ReplyDeleteThe federal government will continue to enforce the Defense of Marriage Act, and it will remain in effect until the law is either repealed by Congress or finally declared unconstitutional in court.
Currently, there are six lawsuits winding their way through the courts where the constitutionality of the Defense of Marriage Act is at issue, The Justice Department has said it will not defend the law in the two challenges pending in the courts within the jurisdiction of the Second Circuit Court of Appeals.
That said, at some point in the future of our country we will likely see this law repealed or ruled unconstitutional by the Supreme Court.
Sheesh
I am loving the comments here. And Mrs.TarquinBiscuitBarrel: good to see you, Phil Munger also. Wow. What a President, what a chance at equality and love.
ReplyDeleteOT: Here's our chance, submit questions to S.Palin at India Today Conclave. Wonder when she'll stop this little idea!
ReplyDeletehttp://conclave.intoday.in/conclave/askquestion.php?id=16
Gryphen what is the best way to send you information and or links?
ReplyDeleteAll people should have the benefit of suffering equally, regardless of sexual orientation!
ReplyDeleteHe has probably known this was coming for a good while.
ReplyDeleteApparently the "heightened standard of scrutiny" was not applicable until a case reached a Federal court, as the rule was Constitutionally based. When it finally did, the statement from Holder was probably already in the can.
The only way now to get a case to the Right wing SCOTUS would seem to be for the Republicans to somehow claim that same sex marriage is unconstitutional. That puts the burden of proof on them and takes it off of gay couples. And the DOJ supplies the defending lawyers
Among other thing that means Republicans pay all the legal fees and lifts that burden from gays and their support groups.
Full marks to Obama, well played. It is just a pity that the angst had to be dragged out for so long.
The bible thumpers have been successful in muddling the difference in a civil marriage, which is the legal one, and a church marriage.
ReplyDeleteThere was no logical reason to prevent the state from allowing civil marriages, especially as there are legal ramifications in terms next of kin, estates, a big tax break, adoptions, etc.
This now leaves access to religious rites of marriage to the individual religions, And that is as it should be.
It's called separation of church and state.
Anonymous Anonymous said...
ReplyDeletedoes President Obama have that legal ability to declare what is and what is not constitutional?
2:05 PM
No he doesn't, though the DOJ does have the right to make decisions based of federal statutes and federal court precedents.
What this decision does is shift the burden of proof.
Gays no longer have to prove the law is unconstitutional.
Republicans have to prove gay marriage is unconstitutional.
Who bears the burden of proof has the harder job. It's the fourth quarter the wind just shifted and the anti-gays have to play against a strong head wind and score 8 points to win.
It really is huge, and very well and subtlety played.
Let's an AG in Indiana who wanted to shoot Wi demonstrators is fired, the Governor of Wi just stepped in half a dozen or so warm Moose piles, andd looks even more like a tool and a thug, and the DOMA hit a reef and is floundering.
ReplyDeleteNot a bad day for the good guys.
hooray!
ReplyDeletehttp://www.huffingtonpost.com/2011/02/23/sarah-palin-india-trip_n_827388.html
ReplyDeleteTo Anonymous @ 2:05 PM:
ReplyDeletePresident Obama is a constitutional lawyer and was a lecturer on the subject. I believe he has far more knowledge of the constitution that most of us. I'm glad he came out against DOMA.
Off topic, but good news:
ReplyDelete"Indiana Attorney General Greg Zoeller has dismissed a deputy, Jeff Cox, for posting inappropriate comments online critical of the labor union protesters in Wisconsin.
Cox sent out a message on his Twitter account saying that police should "use live ammunition" against the protesters."
THANK YOU MR. ZOELLER!
Unrelated: Palin goes to India?!?
ReplyDeletehttp://politicalticker.blogs.cnn.com/2011/02/23/palin-to-travel-to-india/
Bravo Mr. President!
ReplyDeleteI saw the ad for Mitt Romney on your site and watched the video. It is clear that Mitt is the best choice for the Republicans. I appreciate your support of him over Sarah. We simply can't have someone as dumb as she representing the Republican party.
ReplyDelete"The time is always right to do the right thing."
ReplyDelete- Martin Luther King, Jr.
I am glad that President Obama finally got to this point, I only wish that he had done it his first day in office. The time was right then, it is no less right now, just that much more overdue.
Gryphen, as to your statement that President Obama "will go down in history as the most pro-gay rights President in American history," since NO president has shown much in the way of any pro-gay positions, you've set the bar mighty low.
On the evidence of Obama being pro-gay, I am reminded of an amended Winston Churchill quote:
"[President Obama] invariably does the right thing, after having exhausted every other alternative."
This is an issue that I take very seriously and I guess late to the party is better than not showing up at all.
I generally don't object to WHAT the president eventually does, but I have often objected to WHEN he does it. On issues of social justice it seems that bold leadership is needed more than caution, platitudes and hand wringing.
o/t but Sarah's currently in Nome
ReplyDeleteI have been frustrated by Obama's measured approach to the many issues facing us, but I am so glad that he has finally made his stand on this clear. This country is either a democracy or a theocracy. We either have separation of church and state and equality, or we are a farce. The President is far wiser than his critics, and he realizes that being an American is more than saying "this country is exceptional" over and over, and then doing your best to take away rights, and to be intolerant of other beliefs. I applaud President Obama. We chose the right man for this job. Now, sir, can you stop the wars?
ReplyDeletePresident Obama is a man of great respect.
ReplyDeleteIs it not required by his oath of office that the President support and enforce all laws unless they are declared unconstitutional by the Supreme Court?
ReplyDeleteDo not take me for a Christian fundamentalist. Actually, I believe the definition of marriage is not a matter for any government body; I view it as a religous institution. Yet enforcing a law on the books is a very fundamental responsibility for our elected officials. I feel this abdication of that responsibility is an impeachable offense.
Anon at 11:45.
ReplyDeleteYes, all of our officials take an oath to defend the law.
But that doesn't seem to be stopping our Republican congressmen from attacking abortion, which is legal and attacking women, children, the poor, the sick and the elderly.
If some Republican wants to take it to the Supremes, they can try. Then we shall see.
In the meantime, it can be part of all of that cost cutting. No more money spent to defend DOMA. I'm OK with that.
Anon @ 11:45,
ReplyDelete"Do not take me for a Christian fundamentalist. Actually, I believe the definition of marriage is not a matter for any government body; I view it as a religous institution."
That sounds pretty damn Fundagelical to me. Actually, marriage is a CIVIL institution, not a religious one. Religious marriage ceremonies may be recognized as valid civil marriages, but not BECAUSE it is held in a church or synagogue, but because the state has authorized marriages to be performed there. Anybody married by a minister, rabbi, etc., who is not authorized to do so by the state ain't legally married, no matter what the church says. It's a civil institution. Period.
As long as the state defines marriage, they get to define what marriage is and is not. This also means that ALL citizens are entitled to the same rights as everyone else, gays and lesbians included. It also doesn't matter one damn bit if the Fundies soil their undies objecting to gay marriage, because they don't make the rules.
There is simply no compelling reason to withhold rights from people simply because they make you or anyone else uncomfortable. Your comfort or discomfort is utterly unimportant when pitted against someone else's rights.
Gays and lesbians have already been married in several states and guess what? In NONE of those states has heterosexual marriage been negatively effected, despite what all of the batshit crazy Fundies have been claiming.
Those who actually believe in equal rights for ALL citizens are sick and tired of all of the bullshit excuses that the homophobes have been trotting out forever. It's time for equality and justice for all.
If you don't like it, too damn bad. Just get the fuck out of the way, 'cause this train is comin' down the track and you won't be stopping it this time.