Congress, Constitutional Law, Courts, Justice, Politics, Society

Obama Administration Announces Appeal To Reverse Same Sex Marriage Victory

The Obama administration will appeal the Massachusetts ruling in favor of same sex marriage. The Justice Department will defend the 1996 Defense of Marriage Act, or DOMA. This action will further alienate civil libertarians and liberals — particularly at a time when the Administration is trying to preserve the Don’t Ask Don’t Tell policy in a California case. Now on both coasts, the Obama Administration is fighting to continue discrimination against gays and lesbians.

As with DADT, DOMA was the creation of President Bill Clinton and continues to deny basic rights to gay and lesbian citizens.

The Administration, which has the discretion not to appeal, has filed a notice of appeal to overturn the rulings of U.S. District Judge Joseph Tauro in Boston who declared that DOMA violated the equal protection clause and the 10th Amendment.

Source: Reuters

37 thoughts on “Obama Administration Announces Appeal To Reverse Same Sex Marriage Victory”

  1. THANK YOU, OBAMA!

    Best thing you’ve done since in office!

    I’m not gay, but I’m for all human rights.

    This is an important step, until the government assumes its proper role in regard to marriage – which is NONE AT ALL.

  5. Buddha

    They may rule one way on DADT and the opposite on DOMA. Kennedy especially, after Lawrence vs Texas, may vote in opposite directions. That was 7 years ago and he might be in a different place now.

    Also, Citizens was about MONEY. 🙂

  6. LK,

    It’s a valid tactic, but a risky one too. This is still the Roberts Court who brought us Citizens United.

  7. A Democratic majority that is totally unable to deal with a vocal and imperious minority is no solution to anybody’s problems. To get a congress to act requires the gumption of a Lyndon Johnson, not the current, spineless occupant of the White House.

    The courts must act; they’re the only hope.

  8. Lottakatz,
    I was very interested in your posting showing a legitimate reason why the Obama Administration is appealing this decision. Not only will a SCOTUS decision affirming Judge Tauro’s legally accurate and brave order put a nail in DOMA, it will be done without any political damage for the Obama Adminstration from the Right. Of course, his base will still be miffed. The gamble is whether SCOTUS will cooperate with the plan!

  9. Lottakatz

    That’s exactly why I think they will appeal – to get it to the highest court. Why stop before then and get it overturned later.

    Blouise

    See the problems Truman’s exec. order had on the other thread. No law to be overturned then as there is now.

  10. Maybe it is a smoke screen. The president has had all kinds of unconfirmed rumors of swinging both ways. There was Larry Sinclar’s story and that of Donald Young. There is the Chicago bath house story and the personal assistant Mr. Reggie Love.

  11. After reading Reasons response I will add that it is/was common place for poor people on government assistance to not get married and have more children out of wedlock in order to increase said assistance.

  12. Buckeye,

    At the risk of sounding redundant … all Obama has to do is order it ala Truman … thus the choice of the word “closet” as a modifier to homophobe

  13. Gyges

    Me too after all it’s about love. However many people get married for various reasons in which have nothing to do with love. There are marriages of convenience which include citizenship financial security and certain tax advantages.

  14. This is my answer re: appeal on another thread.

    “Daniel R. Baker
    I’d like to see some “differential diagnosis” about why the Obama administration is pursuing these appeals, …
    6. Something else I haven’t thought of.
    *****
    At least in theory the best way to kill a law Congress has passed is to have a SCOTUS ruling- until that shoe drops the same matter can be re-litigated in slightly different form. Even then the actual ruling can be circumscribed, chipped away at and generally rendered far less effective by states, ROE V WADE for example. Since this ruling deals with the armed services and is not subject to tampering (or tempering) by individual states, a SCOTUS decision (upholding) would drive a stake through the heart of discrimination by the military against gays as it did for African Americans.”
    ——————
    These rulings are monumental! IF they stand the court has virtually assured universal civil rights for gays. It’s a crime that Congress will not do it but I’ll take it any way the nation can get it. Putting them on a fast track to the SCOTUS could be the ONLY way this Administration can accomplish its promises’ regarding civil rights for gays. I would like to think that if the SCOTUS won’t uphold the decisions it would touch off a wave of public activism and agitation that would force Congress to do it. The Stonewall riots changed everything.

  16. Gyges,

    “I’d oppose anyone getting married if they’re factoring in economic conditions to their decision.”

    Do you know very many poor people? I know friends who have gotten married for medical benefits and tax reasons – they were perfectly fine living together without being married until financial hardship struck.

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