Obama on DOMA
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| Mon, 08-17-2009 - 3:32pm |
Obama Makes Explicit His Objection to DOMA
By Scott Wilson
President Obama made clear Monday that he favors the repeal of the Defense of Marriage Act, and intends to ask Congress to repeal the 13-year-old law that denies benefits to domestic partners of federal employees and allows states to reject same-sex marriages performed in other states.
Obama has long opposed the law, which he has called discriminatory. But his Justice Department has angered the gay community, which favored Obama by a wide margin in last year's election, by defending the law in court. The administration has said it is standard practice for the Justice Department to do so, even for laws that it does not agree with.
The Justice Department did so again Monday in its response in Smelt v. United States, a case before a U.S. District Court in California. But, for the first time, the filing itself made clear that the administration "does not support DOMA as a matter of policy, believes that it is discriminatory, and supports its repeal."
Obama and his senior advisers have made that statement before, but never in a court brief. In addition, Obama issued a statement noting that, although his administration is again defending DOMA in court, "this brief makes clear...that my administration believes the act is discriminatory and should be repealed by Congress."
"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," Obama said in the statement.
http://voices.washingtonpost.com/44/2009/08/17/obama_makes_explicit_his_objec.html?hpid=topnews
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Assistant Atty. Gen. Tony West, in his brief today:
"This administration does not support DOMA as a matter of policy, believes that it is discriminatory, and supports its repeal," West wrote. "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."
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Obama administration says marriage law unfair
(AP) – 4 hours ago
WASHINGTON — The Obama administration filed court papers Monday claiming a federal marriage law discriminates against gays, even as government lawyers continue to defend the law.
Justice Department lawyers are seeking to dismiss a suit brought by a gay California couple challenging the 1996 Defense of Marriage Act. The administration's response to the case has angered gay activists who see it as backtracking on campaign promises made by Barack Obama.
In the court papers, the administration urges the repeal of the law but says in the meantime, government lawyers will continue to defend it as a law on the books.
The government's previous filing in the case angered gay rights activists who supported Obama's candidacy in part because of his pledge to move forward on repealing the law and the "don't ask, don't tell" policy that prevents gays from serving openly in the military.
"The administration believes the Defense of Marriage Act is discriminatory and should be repealed," said Justice Department spokeswoman Tracy Schmaler, because it prevents equal rights and benefits.
The Justice Department, she added, is obligated "to defend federal statutes when they are challenged in court. The Justice Department cannot pick and choose which federal laws it will defend based on any one administration's policy preferences."
The law, often called DOMA, denies federal recognition of gay marriage and gives states the right to refuse to recognize same-sex marriages performed in other states.
Obama has pledged to work to repeal the law.
Monday's court filing was in response to a lawsuit by Arthur Smelt and Christopher Hammer, who are challenging the federal law, which prevents couples in states that recognize same-sex unions from securing Social Security spousal benefits, filing joint taxes and benefiting from other federal rights connected to marriage.
Justice lawyers have argued that the act is constitutional and contend that awarding federal marriage benefits to gays would infringe on the rights of taxpayers in the 30 states that specifically prohibit same-sex marriages.
Earlier this year, Massachusetts became the first state to challenge the law in court.
http://www.google.com/hostednews/ap/article/ALeqM5grllk_nt63q2NPIotyM9xpL4hwkwD9A4MNMG1
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| Mon, 08-17-2009 - 3:51pm |

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