Wednesday, February 23, 2011

Obama, DOJ: Parts Of DOMA Unconstitutional, Will Not Defend In Court

Ryan J. Reilly of TPM:

The Obama Justice Department has decided that part of the Defense of Marriage Act is unconstitutional and will not defend it in court.

"After careful consideration, including a review of my recommendation, the President has concluded that given a number of factors, including a documented history of discrimination, classifications based on sexual orientation should be subject to a more heightened standard of scrutiny," Attorney General Eric Holder said in a statement. 

"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," Holder said. "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."

...
It's a start.

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