Comments | ontd_political: Obama Administration Urges Supreme Court To Strike Down DOMA

natyanayaki in ontd_political

Obama Administration Urges Supreme Court To Strike Down DOMA

Feb 22, 2013 21:55

The Obama administration on Friday urged the Supreme Court to strike down the Defense Of Marriage Act in a brief that calls the law unconstitutional because it violates "the fundamental guarantee of equal protection ( Read more... )

white house, defense of marriage act, constitution, marriage, good news, supreme court, marriage equality, lgbtq / gender & sexual minorities

Comments 21

wrestlingdog February 23 2013, 13:03:32 UTC

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tabaqui February 23 2013, 15:59:01 UTC

YES. Damn. YAY.

moonshaz February 23 2013, 18:36:52 UTC

Oh, this is SO Great!!!

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alexvdl February 23 2013, 19:23:03 UTC

It's interesting that once again, the Obama administration is urging a different agency to deal with an issue it is capable of dealing with itself. Legal advisors told the President that he had the power to repeal DADT himself, but he chose to wait and let Congress take care of it. Now a similar situation presents itself in regards to DOMA. Of course there's no problems using executive powers to pay our congresspeople more.

That being said, I'm looking forward to DOMA being knocked down, whatever the method. There are some military weddings I'd like to attend.

fluteaphrael February 23 2013, 20:29:25 UTC

The fact that he can do it is not the point. If he does it, and does not get Congress on board, the next president can just un do it. The whole point of doing it through Congress makes it monumentally harder for the next person to change it back. The whole point of getting the Supreme Court in on DOMA is that if they quash it, that's pretty much IT. Doing it by Executive Order is just way too easy to undo.

alexvdl February 23 2013, 20:42:07 UTC

So if he had repealed DADT at the beginning of his term, it could've been reinstated in (possibly) 2013? That doesn't make sense. After the repeal it didn't happen over night. Months of training and certification has to take place. Reinstating DADT at this point wouldn't work. It doesn't go backwards like that.

Secondly, Executive orders can be undone by the courts (Which has happened twice in history); or by Congress either passing legislation in conflict with it or be refusing to approve funding to enforce it. If they pass the legislation, the President still has veto power which takes a 2/3rds congress supermajority to overturn.

If Obama repealed DOMA, it's not coming back.

fluteaphrael February 23 2013, 21:04:49 UTC

Actually look at Prop 8 in California, that was to REPEAL a law too ( ... )

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