Tags: Gay Marriage

US Gov't Drops Defense of Anti-gay Marriage Law

Wednesday, 23 Feb 2011 02:35 PM

 

Share:
  Comment  |
   Contact Us  |
  Print  
|  A   A  
  Copy Shortlink

WASHINGTON (AP) — In a major policy reversal, the Obama administration said Wednesday it will no longer defend the constitutionality of a U.S. law banning recognition of same-sex marriage.

Attorney General Eric Holder said President Barack Obama has concluded that the administration cannot defend the federal law that defines marriage as only between a man and a woman. He noted that the congressional debate during passage of the Defense of Marriage Act "contains numerous expressions reflecting moral disapproval of gays and lesbians and their intimate and family relationships — precisely the kind of stereotype-based thinking and animus the (U.S. Constitution's)Equal Protection Clause is designed to guard against."

The Justice Department had defended the act in court until now.

"Much of the legal landscape has changed in the 15 years since Congress passed" the Defense of Marriage Act, Holder said in a statement. He noted that the Supreme Court has ruled that laws criminalizing homosexual conduct are unconstitutional and that Congress has repealed the military's "don't ask, don't tell" policy on gays in the armed forces.

At the White House, spokesman Jay Carney said Obama himself is still "grappling" with his personal view of gay marriage but has always personally opposed the Defense of Marriage Act as "unnecessary and unfair."

Holder wrote to House Speaker John Boehner, a Republican, that Obama has concluded the Defense of Marriage Act fails to meet a rigorous standard under which courts view with suspicion any laws targeting minority groups who have suffered a history of discrimination.

The attorney general said the Justice Department had defended the law in court until now because the government was able to advance reasonable arguments for the law based on a less strict standard.

At a December news conference, in response to a reporters' question, Obama disclosed that his position on gay marriage is "constantly evolving." He has opposed such marriages and supported instead civil unions for gay and lesbian couples. The president said such civil unions are his baseline — at this point, as he put it.

"This is something that we're going to continue to debate, and I personally am going to continue to wrestle with going forward," he said.

On Wednesday, Holder said the president has concluded that, given a documented history of discrimination against gays, classifications based on sexual orientation should be subject to a more heightened standard of scrutiny than the department had been applying in legal challenges to the act up to now.

© Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Share:
  Comment  |
   Contact Us  |
  Print  
  Copy Shortlink
Around the Web
Join the Newsmax Community
Please review Community Guidelines before posting a comment.
>> Register to share your comments with the community.
>> Login if you are already a member.
blog comments powered by Disqus
 
Email:
Country
Zip Code:
Privacy: We never share your email.
 
Hot Topics
Follow Newsmax
Like us
on Facebook
Follow us
on Twitter
Add us
on Google Plus
Around the Web
Top Stories
You May Also Like

Newt Gingrich: Houston Pastor Subpoenas Part of a 'Radical Agenda'

Saturday, 25 Oct 2014 13:07 PM

Houston Mayor Annise Parker's decision to issue subpoenas for sermons from the city's Christian pastors was for much la . . .

Advocates Seek to End Tennessee's Appeal as 'Abortion Destination'

Saturday, 25 Oct 2014 11:20 AM

Anti-abortion advocates are trying to change laws in Tennessee, which they deride as being the abortion destination of . . .

Texas Candidate in GOP Address: Time To Clean Up Washington

Saturday, 25 Oct 2014 09:37 AM

The United States needs new energy to stay strong, and the government needs to clean up the mess of debt and waste mov . . .

Most Commented

Newsmax, Moneynews, Newsmax Health, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, and Newsmax World are trademarks of Newsmax Media, Inc.

 
NEWSMAX.COM
America's News Page
©  Newsmax Media, Inc.
All Rights Reserved