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DOJ Defends DOMA, Says Good for Budget, Invokes Incest

Andy Towle June 12, 2009

Since my earlier post, Americablog has been busy at work parsing the briefs from the Department of Justice's motion to dismiss the federal same-sex marriage case brought by Smelt and Hammer. There's plenty more to read.

Of the DOJ's rationalization, they write:

"Obama didn't just argue a technicality about the case, he argued thatDOMA is reasonable. That DOMA is constitutional. That DOMA wasn'tmotivated by any anti-gay animus. He argued why our Supreme Courtvictories in Roemer and Lawrence shouldn't be interpreted to give usrights in any other area (which hurts us in countless other cases andbattles). He argued that DOMA doesn't discriminate against us becauseit also discriminates about straight unmarried couples (ignoring thefact that they can get married and we can't).

"He actually arguedthat the courts shouldn't consider Loving v. Virginia, themiscegenation case in which the Supreme Court ruled that it isunconstitutional to ban interracial marriages, when looking at gaycivil rights cases. He told the court, in essence, that blacks deservemore civil rights than gays, that our civil rights are not on the samelevel.

"And before Obama claims he didn't have a choice, he had achoice. Bush, Reagan and Clinton all filed briefs in court opposingcurrent federal law as being unconstitutional (we'll be posting moreabout that later). Obama could have done the same. But instead he choseto defend DOMA, denigrate our civil rights, go back on his promises,and contradict his own statements that DOMA was "abhorrent." Folks,Obama's lawyers are even trying to diminish the impact of Roemer andLawrence, our only two big Supreme Court victories. Obama is quiteliterally destroying our civil rights gains with this brief. He'staking us down for his own benefit."

Americablog also says that the Justice Dept. is lying to Politico in a defense of the brief.

Document, AFTER THE JUMP…

Obama's Motion to Dismiss Marriage case

Publish at Scribd or explore others: obama doma

Topics: News, Supreme Court More Posts About: Barack Obama, Barack Obama, DOMA, DOMA, gay marriage, News

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