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Obama Brief To SCOTUS: Strike Down The Defense Of Marriage Act!

obama SCOTUS[The Bipartisan Legal Advisory Group] makes an appeal to this Court to allow the democratic process to run its course. That approach would be very well taken in most circumstances. This is, however, the rare case in which deference to the democratic process must give way to the fundamental constitutional command of equal treatment under law.

Section 3 of DOMA targets the many gay and lesbian people legally married under state law for a harsh form of discrimination that bears no relation to their ability to contribute to society. It is abundantly clear that this discrimination does not substantially advance an interest in protecting marriage, or any other important interest. The statute simply cannot be reconciled with the Fifth Amendment’s guarantee of equal protection. The Constitution therefore requires that Section 3 be invalidated.”

—Solicitor General Donald Verrilli, in a brief filed Friday with the Supreme Court of the United States, arguing that Section 3 of the Defense of Marriage Act is unconstitutional.

By:           Dan Avery
On:           Feb 23, 2013
Tagged: , , , , , , ,
  • 8 Comments
    • Dakotahgeo
      Dakotahgeo

      news I’ve heard all week, and there has been a lot of good news this week! Goodbye DOMA… goodbye Prop 8! Hasta la vista!

      Feb 23, 2013 at 2:27 am · @ReplyReply to this comment ·
    • Dakotahgeo
      Dakotahgeo

      Computer screw up: BEST news I’ve heard….*

      Feb 23, 2013 at 2:28 am · @ReplyReply to this comment ·
    • 1EqualityUSA
      1EqualityUSA

      Thank you, President Obama. Your picture will be on the wall of our home, right next to Olson & Boise.

      Feb 23, 2013 at 3:33 am · @ReplyReply to this comment ·
    • John Doe
      John Doe

      Yeah… This is exactly what we’ve been waiting for. Although not necessary for a legal victory, I do believe that this is an incredibly important presidential act.

      Now – It boggles my mind why the White House would feel the need to avoid questions on this topic EVERY DAY this past week. Instead of just being honest and say that they plan to file a brief…. they play coy and are silent. Then, on the last day of the week, at the end of the day, a 54 page legal brief is presented. Is this just another Friday afternoon “dump” of information they don’t want the press to be talking about? Why not? Why the silence all week? It isn’t something they should be ashamed of. The White House Press Office obviously knew this was coming. You just don’t come up with a 54 page legal brief in a couple of weeks.

      Back to the original topic. It would be AMAZING if anti-gay laws were declared unconstitutional this May/June when SCOTUS is expected to rule. The elimination of DOMA would be huge! The declaring of anti-gay, anti-equality marriage laws as unconstitutional would be huge! I just wonder, however, if SCOTUS is going to split their decision like they sometimes do. In other words, DOMA is declared unconstitutional… and yet the Prop 8 case doesn’t go nationwide with the ruling. Instead it just goes back to California or the 9th Circuit. I hope not, but would also not be surprised. If SCOTUS has integrity, they’ll rule all of it unconstitutional nationwide.

      Feb 23, 2013 at 6:56 am · @ReplyReply to this comment ·
    • Charli Girl
      Charli Girl

      @1EqualityUSA:
      His pic has been on my desk since before the election. And it’s a great one,he’s laughing really hard in it.
      I love it.but I guess I’ll have to get a larger one now….lol

      Feb 23, 2013 at 9:32 am · @ReplyReply to this comment ·
    • petensfo
      petensfo

      @John Doe: Well, I think you’re exactly correct. They’re pretty cornered on DOMA, but typically moving at a geologic pace, unless there’s some big surprise, SCOTUS will probably decide so narrowly that it will only apply to CA.

      My secret wish is that they address the whole idea of voting on Civil Rights at a ballot box.

      Feb 23, 2013 at 10:13 am · @ReplyReply to this comment ·
    • 1EqualityUSA
      1EqualityUSA

      Charlie girl, Obama’s picture is on the inside of my locker, grinning from ear to ear. Love him! I want official photos of Olson, Boise, and Obama on our wall, much like homes in the ’60’s that had framed photos of Kennedy……they also and Jesus next to Kennedy (albeit a white jesus with blue eyes and zero Jewish features). Is it wrong to have two lawyers instead of an Anglo-Saxon Jesus. Jesus was sort of a Lawyer, right?

      Feb 23, 2013 at 11:03 am · @ReplyReply to this comment ·
    • Aubrey
      Aubrey

      @John Doe: @John Doe – the White House has stated for some time now that they were filing a brief against DOMA.

      What the White House has, to this point, refused to do is file a brief against Prop 8.

      Remember, it is Obama’s official position that states SHOULD have the right to determine the issue of equality for our community (and apparently this State’s Rights argument of Obama’s applies only to the lgbt community). In fact, the day after the State of the Union address (the Selma, Seneca, Stonewall speech) – Jay Carney was in front of reporters reiterating Obama’s state’s rights position. [That official Obama position, again, is that states should have the right to decide for themselves the issue of lgbt equality.]

      It’s not the most courageous, nor progressive, stance to take.

      Olson/Boies have requested the WH file a brief against Prop 8. And the WH has refused to say whether they will or not.

      The ‘coy’ response did not apply to DOMA, only to Prop 8.

      Feb 23, 2013 at 11:24 pm · @ReplyReply to this comment ·

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