Defense of Marriage Act (DOMA)

Obama Thumbs His Nose at Congress, His Constitutional Duty with Stand on DOMA
By Cal Thomas | March 2, 2011 | 9:56 AM EST

President Obama has said his view of same-sex "marriage" is "evolving." Apparently he thinks that the law should be based on a kind of Darwinian jurisprudence which allows it to "evolve" and become whatever the ruling politicians at a given moment say it is (or isn't).

How else to explain the decision by the president and his attorney general, Eric Holder, not to defend the Defense of Marriage Act (DOMA), signed into law by President Bill Clinton in 1996? The Senate vote was 85-14; the vote in the House was 342-67, an indication of overwhelming public support to keep marriage for opposite-sex couples.

With DOMA Announcement, Obama Not Just Above the Law, He Is the Law
By David Limbaugh | February 28, 2011 | 10:28 AM EST

President Obama's brazenly calculated move to unilaterally abandon the federal Defense of Marriage Act showcases his attitude that he is above the law.

DOMA defines marriage as "only a legal union between one man and one woman as husband and wife" for purposes of all federal laws, rules and regulations (Section 3). It specifies that no state shall be required to honor laws of other states that treat same-sex relationships as legal marriages — effectively carving out an exception to the Constitution's full faith and credit clause (Section 2).

Congress passed this law by enormous majorities (Senate 85-14, House 342-67) in response to political pressure in some states to redefine marriage, especially a Hawaiian court's decision suggesting the Hawaii Constitution conferred the right to same-sex marriage. Congress was worried that, among other things, same-sex couples living in other states might go to Hawaii to marry and demand that their home states recognize their marriages.

WaPo-Published Express Tabloid Trumpets Obama Shift on 'Indefensible Marriage Act'
By Ken Shepherd | February 24, 2011 | 4:49 PM EST

"Indefensible Marriage Act" blares the cover page headline for the Feb. 24 Express tabloid, a free publication of the Washington Post available around the D.C. metro area.

"In a major victory for gay rights, President Obama says the U.S. will no longer defend the federal law banning same-sex marriages," notes the caption for the photo depicting a hand holding both a miniature American flag and a miniature gay rights rainbow flag. On page 13 a subheading approvingly labels the move a "landmark call" by the Obama administration.

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