Wednesday, February 23, 2011

Obama asks Dept. of Justice to stop defending Defense of Marriage Act, calling it unconstitutional

Today President Barack Obama boldly ordered the U.S. Justice Department to stop defending the 'constitutionality' of the Defense of Marriage Act, which defines marriage as a legal union between one man and one woman.


According to a statement from Attorney General Eric Holder, the president made the decision based on a number of relevant factors, including existing documentation of historic discrimination in this country.

"Classification based on sexual orientation should be subject to a more heightened standard of scrutiny," said Holder. Holder went on to say that the key provision in current law "fails to meet that standard and is therefore unconstitutional. Given that conclusion, the president has instructed the (Justice Department) not to defend the statue."

For those of whom this comes as some big surprise, may I remind you that Obama has expressed his personal opposition to the Defense of Marriage Act, but just never said anything relating to its constitutionality, or unconstitutionality as the case may be. As no surprise to me, Republicans immediately responded to the White House's decision, claiming it as a "distraction" during a time when the focus should be on the economy.

So just because the economy is still in need of a major revamp, which it has been for quite a while mind you, all other issues are supposed to take a back seat and just wait it out? I don't think so. I'm sure most Republicans would not be singing the same tune if the White House just decided to pass a new provision permanently banning any and all gay marriage rights everywhere.

House Representative Lamar Smith, from our own great state of Texas, who is also chairman of the House Judiciary Committee called the move a "transparent attempt to shrink the Department's duty to defend the laws passed by Congress." Do I even have to say that Smith is a Republican.

I for one applaud and defend our president's decision. In fact, I say its about time that. The Defense of Marriage Act was passed by the Republican-controlled Congress and signed into law by President Bill Clinton in 1996, therefore barring federal recognition of same-sex marriage and mandating that states cannot be forced to recognize such marriages from other states. Currently, same-sex marriage is only legal in five states: Massachusetts, Connecticut, Vermont, Iowa and New Hampshire, while 'civil unions' are permitted in New Jersey.