DOJ ordered to cease defense
Washington, DC -
President Barack Obama today has ordered the Department of Justice (DOJ) to drop the government's defense of the Defense of Marriage Act (DOMA), declaring that he and the DOJ now believe the law to be unconstitutional. This decision is a major victory for the LGBT community.
Previously, the Administration had aggressively defended DOMA in the courts and today's announcement is a significant policy shift.
DOMA is a 15 year old law enacted during the Clinton Administration which defines marriage as a union between one man and one woman.
LGBT groups and individuals have loudly criticized Obama for his slow movement in the gay rights arena during the first two years of his term. Now, in the past three months, the Administration has succeeded in passing a repeal of "Don't Ask Don't Tell" (DADT) and now is offering another major policy shift in instructing Attorney General Eric Holder to withdraw defense of DOMA.
White House Press Secretary Jay Carney said today: "The president's personal view on same sex marriage … that is distinct from this legal decision" and that Obama continues to grapple with the issue.
"The administration will not defend the Defense of Marriage Act in the Second Circuit," Carney said. "Furthermore, the president directed the attorney general not to defend, because of the decision that it is not constitutional, defend the Defense of Marriage Act in any other circuit in any other case."
In a letter addressed to House Speaker John Boehner (R-OH), Holder said that the Administration has determined that DOMA is unconstitutional and therefore the DOJ will no longer enforce its provisions.
Immediately affected will be cases in New York and Connecticut where Holder has ordered the DOJ attorneys to dismiss the defense actions by March 11, 2011.
Congressman Mike Quigley (D-IL) said today "I applaud today's decision by the Justice Department to stand on the right side of history and end its support of the disgraceful Defense of Marriage Act. We have made great strides toward equality in recent months by repealing ‘Don't Ask, Don't Tell' and legalizing civil unions in Illinois, and today another blow has been struck against bigotry and discrimination. It is my hope that this momentum carries us to a full dismantling of the Defense of Marriage Act and a new era of civil rights for every American."
"I applaud the Administration's decision to stop defending the discriminatory provisions of DOMA which attempt to define marriage for federal purposes as only between a man and a woman," The Civil Rights Agenda (TCRA) president Jacob Meister told GoPride.com.
"In the immediate aftermath of Illinois' historic vote for civil unions, we are beginning to see a government intolerant of discrimination. Let's not forget, however, our fight continues until there are no barriers or contradictions between the rights bestowed on one group versus another. We deserve a government that treats everyone equally, that allows marriage for all in all 50 states," he said.
The decision by the Administration could have wide ranging impact on "mini DOMA's", state laws which also define marriage narrowly and could allow lower court rulings to stand negating the appeal process to the U.S. Supreme Court.
The Republican controlled House could decide to appoint lawyers to defend the cases, a decision that is unknown at this time.
Previously, the Administration had aggressively defended DOMA in the courts and today's announcement is a significant policy shift.
DOMA is a 15 year old law enacted during the Clinton Administration which defines marriage as a union between one man and one woman.
LGBT groups and individuals have loudly criticized Obama for his slow movement in the gay rights arena during the first two years of his term. Now, in the past three months, the Administration has succeeded in passing a repeal of "Don't Ask Don't Tell" (DADT) and now is offering another major policy shift in instructing Attorney General Eric Holder to withdraw defense of DOMA.
White House Press Secretary Jay Carney said today: "The president's personal view on same sex marriage … that is distinct from this legal decision" and that Obama continues to grapple with the issue.
"The administration will not defend the Defense of Marriage Act in the Second Circuit," Carney said. "Furthermore, the president directed the attorney general not to defend, because of the decision that it is not constitutional, defend the Defense of Marriage Act in any other circuit in any other case."
In a letter addressed to House Speaker John Boehner (R-OH), Holder said that the Administration has determined that DOMA is unconstitutional and therefore the DOJ will no longer enforce its provisions.
Immediately affected will be cases in New York and Connecticut where Holder has ordered the DOJ attorneys to dismiss the defense actions by March 11, 2011.
Congressman Mike Quigley (D-IL) said today "I applaud today's decision by the Justice Department to stand on the right side of history and end its support of the disgraceful Defense of Marriage Act. We have made great strides toward equality in recent months by repealing ‘Don't Ask, Don't Tell' and legalizing civil unions in Illinois, and today another blow has been struck against bigotry and discrimination. It is my hope that this momentum carries us to a full dismantling of the Defense of Marriage Act and a new era of civil rights for every American."
"I applaud the Administration's decision to stop defending the discriminatory provisions of DOMA which attempt to define marriage for federal purposes as only between a man and a woman," The Civil Rights Agenda (TCRA) president Jacob Meister told GoPride.com.
"In the immediate aftermath of Illinois' historic vote for civil unions, we are beginning to see a government intolerant of discrimination. Let's not forget, however, our fight continues until there are no barriers or contradictions between the rights bestowed on one group versus another. We deserve a government that treats everyone equally, that allows marriage for all in all 50 states," he said.
The decision by the Administration could have wide ranging impact on "mini DOMA's", state laws which also define marriage narrowly and could allow lower court rulings to stand negating the appeal process to the U.S. Supreme Court.
The Republican controlled House could decide to appoint lawyers to defend the cases, a decision that is unknown at this time.
