Yesterday's DOMA Ruling: A Huge Win

Not so fast, Paul. (0.00 / 0)

The word on the street now is Obama US Attorney expected to stand behind federal gay marriage ban, plaintiffs say.

Raw Story reports:

"The gay rights law group that convinced a federal district court judge Thursday to strike down a federal ban on gay marriage has told the New York Times they "fully expect" the Justice Department to appeal the decision -- a move that could shatter Obama's image in the gay community and cost his party millions of dollars in donations from gay donors."

I think Pam Spaulding, of Pam's House Blend summed up Obama's situation best.

[Obama] has repeatedly said that DOMA is discriminatory, actually believes it is also Constitutional. This administration has been keeping its head in the sand on this one for quite some time, as if it didn't notice the handful of marriage cases winding their way to the Obama DOJ.

And now it doesn't really matter what he believes in theory; this President is going to have to make a choice -- have his DOJ defend DOMA in court (using the "I have to" defense), or decline to defend. Either way, there's no way to hide, no way to split the baby, pick your metaphor. He can expect a sh*tstorm from the LGBT community of epic proportions if appealed, and the right wing could have an issue to harp on if the DOJ declines.

Your comment?

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by: NH Ex-pat @ Fri Jul 09, 2010 at 11:50:15 AM CDT

What one group "fully expect"s (4.00 / 1)

the DoJ to do is nice.

What does that have to do with what the DoJ does?

Additionally, I do not begrudge the POTUS and his DoJ believing in a nation of laws, even the ones they strenuously disagree with.

How different from Bush's world, which wrote extra-legal permission slips and politicized everything.

Let's work to change the law.

birch, finch, beech

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by: Dean Barker @ Fri Jul 09, 2010 at 14:10:01 PM CDT

[ Parent ]

Fair enough... but I'm still sticking with Pam Spaulding on this one. n/t (0.00 / 0)

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by: NH Ex-pat @ Fri Jul 09, 2010 at 20:01:16 PM CDT

[ Parent ]

Congress passed the legislation. The only entity empowered (0.00 / 0)

to declare the law un-Constitutional is the SCOTUS.  The SCOTUS only considers issues in cases that have been appealed.  To have an appeal, there have to be two sides arguing. That's how our legal system is set up.  The Executive cannot unilaterally ignore the law.

The Congress has gotten into the bad habit of passing legislation and counting on the courts to correct it, if it's bad.  Ditto for state legislatures.  It's a habit that needs to be changed.

Lots of inequity has been perpetrated under cover of law.  Slavery was once legal.  So was marital rape.  So was involuntary servitude (aka draft).
For some people, the rule of law has the advantage that it's impersonal.  
"Why do I have to do that?  Because it's the law."

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by: hannah @ Fri Jul 09, 2010 at 14:17:48 PM CDT

[ Parent ]

Administration Will Take its Time on DOMA Decision (0.00 / 0)

Ambinder:

So how will President Obama's Justice Department finesse its commitment to gay rights with its precedence-rooted commitment to defend the Defense of Marriage Act? The answer isn't clear, but what is clear is that Justice will take its sweet time trying to figure a way out.

"Politics ain't beanbag" - Finley Peter Dunne

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by: William Tucker @ Fri Jul 09, 2010 at 18:09:02 PM CDT

Thank You (4.00 / 1)

Thank you Congressman for your strong support for marriage equality. Yet one more reason why we must work hard to get you to the senate!

Have you written a letter to the editor today? Have you donated today? Have you put up signs? Have you made calls? Have you talked to your neighbors?

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by: Ray Buckley @ Sat Jul 10, 2010 at 03:52:19 AM CDT

While it is a HUGE win... (0.00 / 0)

..the question remains of how we turn a Federal District Court holding into a national holding.  It would be very unusual for the entire federal government to just roll over and say, "OK, we gotta change now, Congress was wrong on this" as a result of a single District Court holding.

In the best of all worlds, the decision would be appealed to the Appellate level (and maybe moved on certiorari to SCOTUS after Kagan is approved :-))  strictly on the 10th Amendement aspect of the holding, for a national holding.(And I say that because I think the current Court is friendlier to 10th Amendment issues than Equal Protection issues..but I could be wrong)

And of course, the specific holding of the Prop 8 Trial in California may provide a second ruling requiring clarification or appeal...which could accelerate the process.

This puts Obama in the very difficult position of either supporting the District Court decision nationwide (unusual), or Appealing and angering the less-than-critcally-thinking gay blogosphere...so whatever he decides to do, he must articulate this WELL both publicly and "within" party and GLBT leadership so its clear what is going on.

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by: Thomas Simmons @ Sat Jul 10, 2010 at 08:25:29 AM CDT