The Obama administration today filed its latest defense of the Defense of Marriage Act (DOMA), a federal gay marriage ban passed in 1996.
In part, the Justice Department brief issued today said "With respect to the merits, this Administration does not support DOMA as a matter of policy, believes that it is discriminatory, and supports its repeal. Consistent with the rule of law, however, the Department of Justice has long followed the practice of defending federal statutes as long as reasonable arguments can be made in support of their constitutionality, even if the Department disagrees with a particular statute as a policy matter, as it does here."
The administration's defense comes in a brief against a gay couple who have sued the federal government in California, challenging the legality of the Defense of Marriage Act. The position of today's brief, which does not change the Justice Department's support of dismissal of the case, is a deviation from previous filing by U.S. attorneys. The administration's first defense of DOMA drew widespread anger from gay leaders and activists when it was filed in June.
Obama issued a statement: "Today, the Department of Justice has filed a response to a legal challenge to the Defense of Marriage Act, as it traditionally does when acts of Congress are challenged. This brief makes clear, however, that my Administration believes that the Act is discriminatory and should be repealed by Congress. I have long held that DOMA prevents LGBT couples from being granted equal rights and benefits. While we work with Congress to repeal DOMA, my Administration will continue to examine and implement measures that will help extend rights and benefits to LGBT couples under existing law."
Congressman Mike Quigley (D-IL)today said "It is encouraging to see the Administration state in a court document what we all know to be true – that the Defense of Marriage Act (DOMA) is discriminatory and demands repeal. Even though DOMA continues to be upheld, we are seeing cracks in the foundation upon which opponents have built their case for decades."
"We will continue to fight to tear down the wall of inequality until everyone is treated not only with fairness and respect, but with equity under the law. I look forward to working with my colleagues and President Obama to repeal this law and end discrimination once and for all Americans" Quigley concluded.
Right wing groups have vowed to inundate Congress with opposition to repeal of DOMA when it returns from the summer recess.
In part, the Justice Department brief issued today said "With respect to the merits, this Administration does not support DOMA as a matter of policy, believes that it is discriminatory, and supports its repeal. Consistent with the rule of law, however, the Department of Justice has long followed the practice of defending federal statutes as long as reasonable arguments can be made in support of their constitutionality, even if the Department disagrees with a particular statute as a policy matter, as it does here."
The administration's defense comes in a brief against a gay couple who have sued the federal government in California, challenging the legality of the Defense of Marriage Act. The position of today's brief, which does not change the Justice Department's support of dismissal of the case, is a deviation from previous filing by U.S. attorneys. The administration's first defense of DOMA drew widespread anger from gay leaders and activists when it was filed in June.
Obama issued a statement: "Today, the Department of Justice has filed a response to a legal challenge to the Defense of Marriage Act, as it traditionally does when acts of Congress are challenged. This brief makes clear, however, that my Administration believes that the Act is discriminatory and should be repealed by Congress. I have long held that DOMA prevents LGBT couples from being granted equal rights and benefits. While we work with Congress to repeal DOMA, my Administration will continue to examine and implement measures that will help extend rights and benefits to LGBT couples under existing law."
Congressman Mike Quigley (D-IL)today said "It is encouraging to see the Administration state in a court document what we all know to be true – that the Defense of Marriage Act (DOMA) is discriminatory and demands repeal. Even though DOMA continues to be upheld, we are seeing cracks in the foundation upon which opponents have built their case for decades."
"We will continue to fight to tear down the wall of inequality until everyone is treated not only with fairness and respect, but with equity under the law. I look forward to working with my colleagues and President Obama to repeal this law and end discrimination once and for all Americans" Quigley concluded.
Right wing groups have vowed to inundate Congress with opposition to repeal of DOMA when it returns from the summer recess.
