In 1996, Congress passed and President Clinton signed the Defense of Marriage Act, which states that a federally recognized marriage must be between a man and a woman. Although some states have passed laws recognizing same-sex unions, these marriages do not count at the federal level. The federal benefits of being married, like filing joint taxes, receiving veteran benefits and federal employee benefits are not available to same-sex couples. Last week President Obama instructed his Justice Department attorneys to stop defending the constitutionality of DOMA. Currently two cases against DOMA are pending in circuit courts, where normally the Justice Department attorneys would defend the constitutionality of the law. Now that Obama’s decided not to have them defend it, the judge can still decide to uphold DOMA, and Congress may hire attorneys to do the Justice Department’s job. Usually the executive branch defends existing laws and leaves it to the court to determine their constitutionality. Obama’s decision may be based on the legitimacy of the state marriages, which the federal government should recognize. It’s unusual for the executive to take a stance on a law’s constitutionality like this, but it’s legal. What do you think?
In 1996, Congress passed and President Clinton signed the Defense of Marriage Act, which states that a federally recognized marriage must be between a man and a woman. Although some states have passed laws recognizing same-sex unions, these marriages do not count at the federal level. The federal benefits of being married, like filing joint taxes, receiving veteran benefits and federal employee benefits are not available to same-sex couples.
Last week President Obama instructed his Justice Department attorneys to stop defending the constitutionality of DOMA. Currently two cases against DOMA are pending in circuit courts, where normally the Justice Department attorneys would defend the constitutionality of the law. Now that Obama’s decided not to have them defend it, the judge can still decide to uphold DOMA, and Congress may hire attorneys to do the Justice Department’s job.
Usually the executive branch defends existing laws and leaves it to the court to determine their constitutionality. Obama’s decision may be based on the legitimacy of the state marriages, which the federal government should recognize. It’s unusual for the executive to take a stance on a law’s constitutionality like this, but it’s legal. What do you think?
It amazes me that America can still openly discriminate against some of its citizens. Not only does America need to get rid of the Defense of Marriage Act, but they need to legalize gay marriage too.
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J Rose
It amazes me that America can still openly discriminate against some of its citizens. Not only does America need to get rid of the Defense of Marriage Act, but they need to legalize gay marriage too.