DOMA unconstitutional

 Posted by at 17:32  Politics
Feb 232011

I love it when the President of the United States and I are on exactly the same page…

Obama pulls defense for law banning gay marriage

(Reuters) – President Barack Obama has determined that a federal law that barred gay marriages was unconstitutional and told government lawyers to stop defending it, the Justice Department said on Wednesday, a major reversal that quickly angered conservatives…

The decision by Obama to drop support for the law in federal courts came after he received a recommendation from Attorney General Eric Holder, who had conducted a detailed review over the past several weeks.

“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,” Holder said in a statement.

The Defense of Marriage Act was unconstitutional when it was signed into law by President Clinton in 1996 and it remains unconstitutional today. Senator Diane Feinstein (D-CA) has stated that she will introduce legislation to repeal the law, though it is highly unlikely that it will make it past the Republican Tea Party controlled House of Representatives. This is something the Democrats should have gotten off their duffs and done while the adults were still in charge of both house of Congress. I do not doubt that it will be repealed eventually – most unconstitutional laws are – but I don’t think it will be repealed right now. (Elections have consequences.)