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Obama no longer to defend DOMA

Started by LMNO, February 23, 2011, 08:37:35 PM

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LMNO

http://www.comcast.net/articles/news-general/20110223/US.Gay.Marriage/

QuoteIn a major policy reversal, the Obama administration said Wednesday it will no longer defend the constitutionality of a federal law banning recognition of same-sex marriage.


And, in case you wanted to hear a bit more GOP hypocrisy...

QuoteThe move quickly drew praise from some Democrats in Congress but a sharp response from the spokesman for Republican John Boehner, the House Speaker.

"While Americans want Washington to focus on creating jobs and cutting spending, the president will have to explain why he thinks now is the appropriate time to stir up a controversial issue that sharply divides the nation," said Boehner's spokesman Michael Steel.

Adios

An election year is coming right up.

Adios

The more I think about this, if it is so unconstitutional (which I think DOMA is), why not overturn it instead of just stop enforcing it?

Phox

Quote from: Charley Brown on February 23, 2011, 09:08:17 PM
The more I think about this, if it is so unconstitutional (which I think DOMA is), why not overturn it instead of just stop enforcing it?
The way I'm reading it, the Justice Department isn't going to try to defend it in court, allowing it to be overturned.

ETA: Possibly allowing it to be overturned.


Adios

Quote from: Doktor Phox on February 23, 2011, 09:13:54 PM
Quote from: Charley Brown on February 23, 2011, 09:08:17 PM
The more I think about this, if it is so unconstitutional (which I think DOMA is), why not overturn it instead of just stop enforcing it?
The way I'm reading it, the Justice Department isn't going to try to defend it in court, allowing it to be overturned.

ETA: Possibly allowing it to be overturned.

*squirm*

Generally speaking, an unenforceable law is not a law. But here in The New West all things are possible.

Phox

Quote from: Charley Brown on February 23, 2011, 09:18:09 PM
Quote from: Doktor Phox on February 23, 2011, 09:13:54 PM
Quote from: Charley Brown on February 23, 2011, 09:08:17 PM
The more I think about this, if it is so unconstitutional (which I think DOMA is), why not overturn it instead of just stop enforcing it?
The way I'm reading it, the Justice Department isn't going to try to defend it in court, allowing it to be overturned.

ETA: Possibly allowing it to be overturned.

*squirm*

Generally speaking, an unenforceable law is not a law. But here in The New West all things are possible.

Well... I''m not sure what you mean by that, Charley.... I think I agree with you, but I'm not sure what you mean, entirely.

Dysfunctional Cunt

Nothing is going to happen.  This is all smoke and mirrors....

Adios

Quote from: Doktor Phox on February 23, 2011, 09:22:14 PM
Quote from: Charley Brown on February 23, 2011, 09:18:09 PM
Quote from: Doktor Phox on February 23, 2011, 09:13:54 PM
Quote from: Charley Brown on February 23, 2011, 09:08:17 PM
The more I think about this, if it is so unconstitutional (which I think DOMA is), why not overturn it instead of just stop enforcing it?
The way I'm reading it, the Justice Department isn't going to try to defend it in court, allowing it to be overturned.

ETA: Possibly allowing it to be overturned.

*squirm*

Generally speaking, an unenforceable law is not a law. But here in The New West all things are possible.

Well... I''m not sure what you mean by that, Charley.... I think I agree with you, but I'm not sure what you mean, entirely.

Well, if there is no punishment on the books or if it is unenforceable (see severability clause) then by definition the law can't exist.





Bebek Sincap Ratatosk

Quote from: Charley Brown on February 23, 2011, 09:30:09 PM
Quote from: Doktor Phox on February 23, 2011, 09:22:14 PM
Quote from: Charley Brown on February 23, 2011, 09:18:09 PM
Quote from: Doktor Phox on February 23, 2011, 09:13:54 PM
Quote from: Charley Brown on February 23, 2011, 09:08:17 PM
The more I think about this, if it is so unconstitutional (which I think DOMA is), why not overturn it instead of just stop enforcing it?
The way I'm reading it, the Justice Department isn't going to try to defend it in court, allowing it to be overturned.

ETA: Possibly allowing it to be overturned.

*squirm*

Generally speaking, an unenforceable law is not a law. But here in The New West all things are possible.

Well... I''m not sure what you mean by that, Charley.... I think I agree with you, but I'm not sure what you mean, entirely.

Well, if there is no punishment on the books or if it is unenforceable (see severability clause) then by definition the law can't exist.






But removing the law requires either the Court or the Congress. Congress is a hole of fail, so 'not defending' it is Obama's best bet to see it overturned.
- I don't see race. I just see cars going around in a circle.

"Back in my day, crazy meant something. Now everyone is crazy" - Charlie Manson

Phox

Quote from: Charley Brown on February 23, 2011, 09:30:09 PM
Quote from: Doktor Phox on February 23, 2011, 09:22:14 PM
Quote from: Charley Brown on February 23, 2011, 09:18:09 PM
Quote from: Doktor Phox on February 23, 2011, 09:13:54 PM
Quote from: Charley Brown on February 23, 2011, 09:08:17 PM
The more I think about this, if it is so unconstitutional (which I think DOMA is), why not overturn it instead of just stop enforcing it?
The way I'm reading it, the Justice Department isn't going to try to defend it in court, allowing it to be overturned.

ETA: Possibly allowing it to be overturned.

*squirm*

Generally speaking, an unenforceable law is not a law. But here in The New West all things are possible.

Well... I''m not sure what you mean by that, Charley.... I think I agree with you, but I'm not sure what you mean, entirely.

Well, if there is no punishment on the books or if it is unenforceable (see severability clause) then by definition the law can't exist.





Ah. Well, I'm not sure how one would go about enforcing this law anyway.

Telarus

Quote from: Doktor Phox on February 23, 2011, 09:42:21 PM
Quote from: Charley Brown on February 23, 2011, 09:30:09 PM
Quote from: Doktor Phox on February 23, 2011, 09:22:14 PM
Quote from: Charley Brown on February 23, 2011, 09:18:09 PM
Quote from: Doktor Phox on February 23, 2011, 09:13:54 PM
Quote from: Charley Brown on February 23, 2011, 09:08:17 PM
The more I think about this, if it is so unconstitutional (which I think DOMA is), why not overturn it instead of just stop enforcing it?
The way I'm reading it, the Justice Department isn't going to try to defend it in court, allowing it to be overturned.

ETA: Possibly allowing it to be overturned.

*squirm*

Generally speaking, an unenforceable law is not a law. But here in The New West all things are possible.

Well... I''m not sure what you mean by that, Charley.... I think I agree with you, but I'm not sure what you mean, entirely.

Well, if there is no punishment on the books or if it is unenforceable (see severability clause) then by definition the law can't exist.

Ah. Well, I'm not sure how one would go about enforcing this law anyway.

Who needs to enforce it? It's an excuse for companies run by conservatards to say "Fuck your family, they don't deserve Medical coverage because you all aren't righteous enough." and NOT have legal consequences for doing so.
Telarus, KSC,
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Requia ☣

Wouldn't you enforce it by just going 'neener neener' and not giving them the paperwork involved in marriage?
Inflatable dolls are not recognized flotation devices.

Telarus

Basically. It legalizes discrimination (specific discriminations) of people based on sexual orientation, which is why Obama wised up and pulled the DOJ off the active defense.
Telarus, KSC,
.__.  Keeper of the Contradictory Cephalopod, Zenarchist Swordsman,
(0o)  Tender to the Edible Zen Garden, Ratcheting Metallic Sex Doll of The End Times,
/||\   Episkopos of the Amorphous Dreams Cabal

Join the Doll Underground! Experience the Phantasmagorical Safari!

Phox

Quote from: Telarus on February 23, 2011, 10:49:02 PM
Quote from: Doktor Phox on February 23, 2011, 09:42:21 PM
Quote from: Charley Brown on February 23, 2011, 09:30:09 PM
Quote from: Doktor Phox on February 23, 2011, 09:22:14 PM
Quote from: Charley Brown on February 23, 2011, 09:18:09 PM
Quote from: Doktor Phox on February 23, 2011, 09:13:54 PM
Quote from: Charley Brown on February 23, 2011, 09:08:17 PM
The more I think about this, if it is so unconstitutional (which I think DOMA is), why not overturn it instead of just stop enforcing it?
The way I'm reading it, the Justice Department isn't going to try to defend it in court, allowing it to be overturned.

ETA: Possibly allowing it to be overturned.

*squirm*

Generally speaking, an unenforceable law is not a law. But here in The New West all things are possible.

Well... I''m not sure what you mean by that, Charley.... I think I agree with you, but I'm not sure what you mean, entirely.

Well, if there is no punishment on the books or if it is unenforceable (see severability clause) then by definition the law can't exist.

Ah. Well, I'm not sure how one would go about enforcing this law anyway.

Who needs to enforce it? It's an excuse for companies run by conservatards to say "Fuck your family, they don't deserve Medical coverage because you all aren't righteous enough." and NOT have legal consequences for doing so.
That is what I thought as well.