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Obama Administration Continuing to Support DOMA

August 17, 2009 by Editor 

Today the Obama Administration filed court papers saying the Defense of Marriage Act does discriminate against same-sex couples, but… the Justice Department is continuing to defend the law that prevents married same-sex couples from having their unions recognized by the federal government.

President Obama hasn’t changed his policy, but he is softening his tone. Today, the Department of Justice filed a response to a legal challenge to the Defense of Marriage Act for the second time since Obama took office.

When DOJ first did this, its brief was full of rhetoric that appeared to supporters to be over-the-top and anti-gay. The White House — and the Justice Department — seemed to have taken the criticisms to heart. Their challenge in this case defends the idea that the government must defend constitutional laws — even wrong-headed ones, but notes that the Obama administration opposes the substance of the policy.

The White House issued a rare statement in the name of Obama himself and distributed it to gay rights groups:

“This brief makes clear, however, that my Administration believes that the Act is discriminatory and should be repealed by Congress.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.”

Equality California had this to say in response:

“Although we are pleased that the Obama Administration has stated that DOMA is discriminatory and that same-sex couples are as good parents as heterosexual couples, we are troubled by the Obama Justice Department saying that discrimination based on sexual orientation does not raise serious constitutional issues and that such discrimination is rational,” Kors said. “Discrimination against same-sex couples is never rational, and laws that discriminate must be reviewed carefully to ensure that the majority’s animus toward lesbian, gay, bisexual and transgender people is not the motive.”

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3 Responses to “Obama Administration Continuing to Support DOMA”

  1. Lori on August 17th, 2009 11:24 am

    Why in the heck do bloggers keep referencing EQCA? This organization is imploding, very disorganized, and can’t even focus on their current mission….yet they keep issuing statements on national matters. My money will no longer support EQCA.

  2. Editor on August 17th, 2009 11:28 am

    Because the issues they are dealing with at the statewide level have a national impact, just as national issues like this have a big impact on their work.

    As a former communications staffer at an organization similar to EQCA, I think they’re doing an amazing job.

    It’s sad that you won’t be giving to EQCA, but I do hope that you would continue to give to a like-minded org who is working to restore marriage equality in California.

  3. Kyle Lenin on October 27th, 2009 5:06 pm

    It’s relieving that the white house is occupied by those who support equality openly, but a bit irking how hesitant they are being.

    I’m flabbergasted by the fact that anyone could call it an issue of no serious constitutional importance. The more we hesitate, the more LGBT Americans and advocates will die without being granted their freedom. Think of all of the gays in history who would be proud to see how far we’ve come and would be prouder to see us succeed. This is one of the single most important issues in America today.

    My only answer right now is to continue speaking my mind and continue to express my opinion to others. You’d be surprised how you can talk some sense into someone who’s anti-gay, I’ve done it before. I’ll give the Obama time. I know everyone likes to get hyped up at Obama for being so hesitant, myself included. I just hope he can do it. He’ll definitely go down in history.

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