The DOJ had previously announced they would no longer defend DOMA, but this is the first legal filing in the country in which they have fully argued to a court that DOMA is unconstitutional. They asked the federal court not to dismiss Golinski's claim.
First of all, this is very good news. The Obama Administration has finally actually and demonstrably evolved. This administration has gone from defending DOMA , to saying they wouldn't defend DOMA, but would keep enforcing it, to not defending it, and selectively not enforcing parts of it, to last Friday's legal brief. Which for the first time argues forcefully that DOMA , or least section 3, (the part of it that bars federal recognition of same sex marriages), is unconstitutional and cannot stand.
“Section 3 of the Defense of Marriage Act … unconstitutionally discriminates,” the brief states. “It treats married same-sex couples who are legally married under their states’ laws differently than similarly situated opposite-sex couples, denying them the status, recognition and significant federal benefits otherwise available to married persons.”
The Justice Department contends LGBT people are a suspect class, or a group likely subject to differential treatment, because they’ve been subject to a history of discrimination, they exhibit immutable characteristics, and they’re minorities with limited political power. Additionally, the brief contends sexual orientation bears no relation to a person’s ability to contribute to society.
Wow... This is a big deal right? I bet the national media coverage of this has the wing nuts of America's right wing going crazy.... Well, not so much.
As it happens there wasn't any national media coverage of this. News of the brief was not even posted on the Department of Justice web site. The brief was filed on late Friday night, before then 4th of July holiday weekend, pretty much guaranteeing any news of it would get buried and missed by the White House press corps.
First of all, this is very good news. The Obama Administration has finally actually and demonstrably evolved. This administration has gone from defending DOMA , to saying they wouldn't defend DOMA, but would keep enforcing it, to not defending it, and selectively not enforcing parts of it, to last Friday's legal brief. Which for the first time argues forcefully that DOMA , or least section 3, (the part of it that bars federal recognition of same sex marriages), is unconstitutional and cannot stand.
“Section 3 of the Defense of Marriage Act … unconstitutionally discriminates,” the brief states. “It treats married same-sex couples who are legally married under their states’ laws differently than similarly situated opposite-sex couples, denying them the status, recognition and significant federal benefits otherwise available to married persons.”
The Justice Department contends LGBT people are a suspect class, or a group likely subject to differential treatment, because they’ve been subject to a history of discrimination, they exhibit immutable characteristics, and they’re minorities with limited political power. Additionally, the brief contends sexual orientation bears no relation to a person’s ability to contribute to society.
Wow... This is a big deal right? I bet the national media coverage of this has the wing nuts of America's right wing going crazy.... Well, not so much.
As it happens there wasn't any national media coverage of this. News of the brief was not even posted on the Department of Justice web site. The brief was filed on late Friday night, before then 4th of July holiday weekend, pretty much guaranteeing any news of it would get buried and missed by the White House press corps.
This, at the end of a week where President Obama hosted LGBT activists to mark the anniversary of the Stonewall riots in New York. One might have thought the President would have shared news of this historic shift in Administration policy there, in a room full of representatives of a key segment of the Democratic base that has become increasingly frustrated by President Obama's reluctance to take any firm steps in the direction of supporting Marriage Equality.
Nope... not a word. It is as if the entire process was done to attract no attention, or as little as possible.
Here is the full brief:
I suppose moving from being indifferent to being a "closeted supporter" of Marriage Equality, is step in the right direction. Albeit one done quietly on tip toes....
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