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Yes! Obama Calls Defense Of Marriage Act 'Unconstitutional'

| Filed under: Gay Gay GayLegal MattersPolitikBarack ObamaLGBT

barack obama calls doma unconstitutional

We're VERY happy to hear this!

The Justice Department has just announced that President Obama believes the Defense of Marriage Act is unconstitutional, and he refuses to continue defending it.

Based on Obama's new stance on the act, his administration won't defend ongoing suits in two federal Appeal Courts relating to the act, and he'll "leave it to Congress to defend the law, known as DOMA, against those challenges."

For those unfamiliar, the DOMA law "allows states not to recognize same-sex marriages preformed in other states and provides a federal definition for 'marriage' that excludes same-sex couples."

Here's what Attorney General Eric Holder had to say about Obama's decision:

“After careful consideration, including a review of my recommendation, the president has concluded that, given a number of factors, including a documented history of discrimination, classifications based on sexual orientation should be subject to a more heightened standard of scrutiny.”

More from Holder about Obama's views on Section 3 of DOMA, which defines “spouse” as a member of the opposite sex:

“[Section 3 of DOMA] fails to meet that standard and is therefore unconstitutional. Given that conclusion, the president has instructed the department not to defend the statute in such cases. I fully concur with the president’s determination.”

The DOMA law has not been overturned by Obama's new stance on it, but it's a MAJOR step in the right direction.

Here's what Human Rights Campaign President Joe Solmonese had to say about it:

“This is a monumental decision for the thousands of same-sex couples and their families who want nothing more than the same rights and dignity afforded to other married couples. As the president has stated previously, DOMA unfairly discriminates against Americans and we applaud him for fulfilling his oath to defend critical constitutional principles.”

Thank you, Obama! Next, let's get DOMA overturned!!!


[Image via WENN.]

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41 comments to “Yes! Obama Calls Defense Of Marriage Act 'Unconstitutional'”

  1. 1


  2. 2

    The Jesuit order rules Obama's administration with Coadjutor Biden at the wheel.

  3. buck says – reply to this


    what an idoit this guy Obama has turned out to be. We have Americans being killed by Somali pirates, regimes in the middle east being over thrown and the distinct possibility the muslim brotherhood will take over those countries, Wisconsin democrats are running away from democray and letting unions once again strong-arm the party and Obama now decides to weigh in on gay marraige. what a joke!

  4. 4

    Woot! This is what I voted for! Full Equality is on the Horizon. I can see it.

  5. 5

    i think between unemployment, the budget deficit finally exceeding our GDP, the recession, unions walking out on their jobs, the arab world poised to explode, and other issues, this is THE LEAST IMPORTANT NEWS I CAN POSSIBLY FATHOM.

    There's some THOUGHTS? for ya

  6. 6

    Re: So-Cal-Deviant – shut up….gay marriage is wrong.

  7. buck says – reply to this


    Re: sonick808 – you're absolutley right…and once again liberals show how utterly ridiculous they are

  8. 8

    Regardless of one's views on this matter, you have to be quite naive and shallow not to see that .President Obama is only bringing this up to distract from the dire job and economic situation and to jump start his reelection bid by ginning up his special interest groups. I really wish he would focus on jobs and the middle east. He has been in office for over two years and all of a sudden he has this profund thought-what a player!!!!

  9. 9

    Re: YRUFATT – No. Hate is wrong!

  10. 10

    Good finally a step in the right direction! The whole defense of marriage act was uncalled for! If you really wanted to protect marriage make it illegal to get divorced, make it illegal to have quickie marriages via Las Vegas/ make it illegal to marry more than one person/etc. Heterosexuals fucked up the sanctity of marriage all by their lonely. They take advantage of it like it's nothing, all these divorces and quickie marriages and all that other bullshit that comes along. But yet when two people who have been together for more than 10 years want to get married, it's illegal?!?!?! WTF is wrong with this country? Oh that's right we have these piece of shit politicians who are string puppets to the real pieces of shits who run this country! We as americans need to take back this country and let them know we run this shit NOT them. No wonder we do not have universal healthcare and more obese/sick/etc people in the USA, yet we are the wealthiest country in the world, but we are a step away from becoming a third world country.

  11. 11

    Gay loving freak.

  12. 12

    Thank you Obama. Honestly, what is wrong with America. America is so behind. other countries have gay marriage and it's fine.

  13. 13

    Ok…Obama needs to worry about how this country is falling apart instead of this issue. I am tired of the gay community trying to focus every thing on themselves. The world doesn't hate you…get over it! People are being beaten up and bullied every single day over different issues…not just homosexuality. Stop making everything thing about you! We have people being killed over seas and we're worry about this. Shame on you.

  14. 14

    My views have changed over the years with regards to same sex marriages. Where we are now it seems like it is really no big deal. My problem lies with the fact that this president decided on his own that this was unconstitutional and will no longer defend it. I don't think he can do that without hearings or law changes, etc… If this is legal (not the law itself), but the president's ability to decide to no longer uphold the law,
    then what is next?

  15. 15

    My thoughts, what is it with you gays. That law should be extended to straights as well. No marriage at all. Don't get pissed off at us straight guys when you do get married and find out how fucking miserable it is. You'll see, don't come crying later.

  16. 16

    Re: sonick808 – Having an unconstitutional law overturned is actually very important. OUR fellow Americans are being discriminated against with this stupid UNCONSTITUTIONAL act. Yeah, those other things you mentioned are very important but you can't say this one isn't. Just because he called this act unconstitutional doesn't mean that those other things won't eventually be taken care of. Equality is a very important issue that needs to be taken care of whether you think so or not.

  17. 17

    And PS….how come homosexuals have the right to do everything in their power to be married, etc, yet I am not allowed to pray when I am at work or school? They are starting to take God out of everything. How is that any different than homosexuality? I am not asking you to believe what I believe…I just want to be who I am. Why is that so wrong? Why do homosexuals have a right to "be who they are"..yet myself, a christian, cannot be who I am. That is not fair.

  18. 18

    And his plan works perfectly. He has no power whatsoever to rule anything on this issue, since it is ruled on by the courts branch, of which he has no input. Plus, he himself has already stated he doesn't support gay marriage. But he goes and makes an empty statement like this, solely to distract from the real issues he's failing on, knowing full well that the mindless idiots like Perez will all bow down and kiss his ass again. Man, the Dumbocrats are one stupid group of brainless sheep.

  19. buck says – reply to this


    Re: badnfluenz – spoken like a true un-American..oops, i mean liberal

  20. 20

    Re: badnfluenz – I COMPLETELY agree with you!!!

  21. 21

    Finally! Obama comments on something really important.

    It is not like the entire Middle East is collapsing along with the collapse of the US dollar and $96 barrels of oil and oh yea that little problem like the unions holding Wisconsin's children's education for ransom.

    This is why people hate gay people.

  22. slite says – reply to this


    Re: anonymous_000 – except the law ISNT unconsitutional. It is not a presidential power to decalre something unconstitutional. Whats next? What a slippery slope and a power grab from this president. What a horrible leader.

    I dont like DOMA, but there is a way to remove it, and it ISNT pandering to gays by throwing them a bone (no pun intended) so that they re-elect him.

    He is going to try and tie this to people wanting freedoms in the middle east…frankly, he has no idea what he is doing, and not defending a law that is a REAL LAW (like it or not) could be an impeachable offense.

    Frankly this is a smoke screen.

    Like i said, Im no fan of the law, but an end run around the entire process of the constitution is just a really bad thing to do…whats next? He doesnt get to choose what is law and what isnt, its not his job.

  23. 23

    Re: BeeLahhve

    2 wrongs don't make a right!

  24. TOY says – reply to this


    As an independent voter, I find it hilarious any Republican sitting on any site dictating and complaining about the job Obama is doing and what he is focusing on when it seems like he is one of the only few people in Washington focusing on ALL the issues…while Republicans just sit around either A.) hoping he fails or B.) Creating a bunch of chaos in this country helping with very little, talking a lot for people who have very little answers but the same stale ideas. You have a Tea Party governer in WI who just got caught red handed on the phone with his agenda regarding laying off state workers and you people are in here complaining about Obama? Are you serious. I may not agree with all of Obama's policies but at least he is trying to get this country back on track…the GOP is doing nothing but just taking up space at this point. How arrogant can you be to be from a party whose policies are viewed by the world to have caused the majority of the mess that happened to this country to sit on the sidelines complaining about the new guy not cleaning up YOUR mess fast enough, GTFOH! Obama's DOJ is the one handeling this issue, as should be, it is not getting in the rest of the administrations way regarding other issues. The state defense department is dealing with the mideast, his economic team is dealing with the nations economy. You dont have to agree with the man but use some commen sense.

  25. TOY says – reply to this


    And I hope that liberals will stop complaining 24/7. If you want something go fight for it and stop depending on this President to do everything for you, like some children. As bat sh*t crazy as the majority of the Tea Party seems at least they take to the streets and fight for what they believe in, stop talking sh*t from blogs and take to the streets like the people in WI. If some of the people in this country would spend half their time helping get this country out of the mess it created for itself as some of you do sitting around flapping your gums, our nation may have a faster recovery. I dont know why some of you are so much in a rush for this President to fix everything, all this country is going to do is come right up behind him and f*ck everything up again.

  26. 26

    Re: buckRe: sonick808Re: yumba1Re: ajmusic613Re: PROF.Buk0wski ENGLISH PROF OF THE CENTU
    unlike the joke of the century Bush, President Obama is able to concentrate on several issues at the same time.
    WASHINGTON (AP) — President Barack Obama on Wednesday condemned the violence in Libya as "outrageous and unacceptable" and said he was dispatching Secretary of State Hillary Rodham Clinton to Geneva on Monday for international talks aimed at stopping the violence.

  27. 27

    Re: TOY – Finally someone who speaks sense!!!! I'm not American but we have a similar problem in my country. Any leader elected in the last, what, 5, 6 years cannot be blamed for the state of an economy. This crap was coming for us years ago but everyone ignored it. It can take years for a country to pull out of recession, so even if Obama doesn't get elected next term, chances are the alternative won't do any better. And as for people talking about the Far East…what is Obama supposed to do? When Iraq was invaded (Saddam was a dictator too, whether he had weapons or not) nobody was happy about it. Can't seem to win with some people. At least he is sticking to something he promised (eventually)

  28. 28

    Re: ajmusic613 – if you want to pray at work do it on your own time like a lunch break. if you want to pray at school go to a religious school not a public school. better yet if you want to pray do it at home or at a fucking church.

  29. 29

    Re: TOY – I am not a Republican by the way and I am not a fool. I simply mocked Obama's profound thought on gay marriage. Gee wiz, why didn't he bring this up 2 years ago?? Of all days to bring this up, the middle east is on fire, gas prices are going up, our economy sucks as indicated by the number of foreclosures and lack of job creation in private sector. This is a wedge issue and he is "USING" the gay community to gin up his base. I suspect you are either a liberal or just very poor at math. How do you expect to fix the problem? Tax the worker who are non union some more until the middle class is nonexistent or tax corporations more to force them out of the country??? What we then are left with are rich leftist celebutards and trust fund babies and the poor who won't even have heat because our leader won't even let the U.S.A. citizens use their own natural resources to keep warm. I see your brilliant plan of action is as you say "take to the streets" -and do what???? Egg cars? My plan is to work hard and make it a point to always vote in every election. I find taking to the streets causing chaos and violence like union people is not very effective for a civilized society.

  30. 30

    Re: slite – It's not unconstitutional? Ahaha, do you even know what it says? 14th Amendment of the CONSTITUTION says:

    "Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

    This equal protection clause protects everyone from arbitrary discrimination by the government. Same-sex marriage is prohibited, therefore it's unconstitutional!

    I honestly think the president knows what he's doing. He is thinking about all Americans. If you were the president, you'd be the type to completely ignore this civil rights issue because of your bias and prejudice against two human beings that love each other. You can hold your Bible and your morals close to your heart, but you should consider other people's feelings too.

  31. 31

    Re: AttFinch – Oooooo!!!!! You burned me on that one.
    You are either retarded or just plain uneducated. I will give you the benefit of the doubt and assume that you are uneducated. Go read or watch the news. Obama condemns…., but the US economy is still tanking, Obama condemns… and yet the Middle East is still crumbling. I could go on, but will not. Please go educate yourself. By the way, I am not a Bush supporter. Do not assume that since I am not happy with the way that Obama is running the US, that I support Bush.

  32. 32

    Re: AttFinch – I am with you on that 100% AttFinch . Prayer is not a right. Do it silently or on your lunch break or while sitting on the pot during your bathroom break. I support your right to pray, but do it on your own time.

  33. 33

    Re: PROF.Buk0wski ENGLISH PROF OF THE CENTU – if i told you i was retarded would you cut me some slack? would love to go watch or read the news, but since the news has been cancelled it's kinda hard to. i am feeling a love/hate vibe towards you.

  34. 34

    Re: anonymous_000

    I didn't realize that the president could dictate what should, and what should not receive heightened scrutiny… LOL…

    Further, congress can absolutely arbitrarily discriminate. As long as the discrimination is narrowly tailored (in this case, it's not outlawing homosexuality, but rather only marriage), and it can be argued that it serves a compelling interest. However, it would be absurd to apply strict scrutiny to a case regarding the discrimination of homosexuals, at best it should receive a heightened scrutiny analysis.

  35. 35

    really? he can find the time for this, but he can't find the time to do something about unemployment? people still can't find jobs, our deficit is through the roof, oil prices are jumping up again, the middle east is about to cave in, border agents are getting killed, and has he even said anything at all about the priates that killed the 4 americans?

  36. 36

    Re: anonymous_000 – It's up to the Supreme Court to make a determination on the constitutionality of a law, not a man who's trying to stay solid with liberals because his re-election chances aren't looking so good. We honestly have more important things to worry about these days than whether or not gays can marry. If the economy collapses entirely and social chaos results, the gay marriage issue will be a moot point.
    Re: Unbelievable! – You are dead right. It's safe for Obama to say what he said to his sheep because he knows full damn well that gay marriage isn't within his control. The gays are now back in his corner, and he doesn't actually have to DO anything for them. LOL

  37. 37

    Re: badnfluenz – making divorce illegal is the stupidest idea ever, people will be killing their partners to get rid of them, kids will be growing up with constantly arguing parents and maybe even violence, sometimes people grow apart but it isn't always something that you can foresee

  38. 38

    Bravo President Obama!Unfortunately the conservative Republicans will be trying any trick in the book to discredit this monumental decision.
    It won't be the first or last time that the Republicans have & will be on the wrong side of history - check their record on racism & other events.

  39. 39

    Re: AttFinch – See? You are telling me WHEN AND WHERE I can do this. Why can homosexuals be homosexuals anywhere and everywhere they want. People are just ignorant all the way around. The world will never be fair. Homosexuals need to get over themselves and stop whining. I'm tired of them being so self centered.

  40. 40

    Does Caribou Barbie–I mean Sarah Palin–know about this? Man, she must be livid!

    Has she weighed in on it yet? Her reaction will be very entertaining.

  41. 41

    Defense of Marriage Act? Huckabee is disappointed that Americans don't see him as a decent leader for the White House. Huckabee is poor loser, disappointed in Sarah Palin, upset with his party politics, worried that his legacy will show him as a sensational preacher made for television. The truth is, Huckabee has no voice even when he is given a platform to speak, due to the fact that no one is interested in listening to Mike Huckabee.

    Thomas Chi