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Wednesday, February 23, 2011

The Beginning of the End of DOMA

Download the Protest Poster: OBAMA DON'T DOMA

The President of The United States is finally making good on his promise to end DOMA - Defense of Marriage Act.

Wiki reports that:
Defense of Marriage Act is the short title of a federal law of the United States passed on September 21, 1996 as Public Law No. 104-199, 110 Stat. 2419.

Its provisions are codified at 1 U.S.C. § 7 and 28 U.S.C. § 1738C. Under the law, also known as DOMA, no state (or other political subdivision within the United States) needs to treat as a marriage a same-sex relationship considered a marriage in another state (DOMA, Section 2); the federal government defines marriage as a legal union between one man and one woman (DOMA, Section 3).

The bill was passed by Congress by a vote of 85–14 in the Senate[1] and a vote of 342–67 in the House of Representatives, and was signed into law by President Bill Clinton on September 21, 1996.
It was a major turnaround for Obama, who for two years has tried to have it both ways, declaring his personal opposition to the law while insisting that, as president, he had no choice but to defend and uphold it.

This is from the Dept. of Justice statement:
After careful consideration, including a review of my recommendation, the President has concluded that [...] classifications based on sexual orientation should be subject to a more heightened standard of scrutiny. The President has also concluded that Section 3 of DOMA, as applied to legally married same-sex couples, 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.

Consequently, the Department will not defend the constitutionality of Section 3 of DOMA as applied to same-sex married couples in the two cases filed in the Second Circuit.
Can I just say, "YAY!!!!"

Oh, and, it's about time.

As Martin Luther King, Jr famously said, "The arc of history is long, but it always bends toward justice."

The sound you hear is the arc of history.


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