RACE TO THE FINISH

Which WIll Overturn DOMA First, The Courts Or Congress?

Last July, Senate Judiciary Committee Chairman Patrick Leahy held the first ever congressional hearing to discuss the consequences of repealing the so-called “Defense of Marriage Act.”

Now he’s promised to call up DOMA repeal bill entitled “The Respect for Marriage Act” for a debate and a vote in the Judiciary Committee this next month. But with at least three federal court cases currently challenging DOMA, we gotta wonder: which government branch has the best chance of repealing DOMA first: the Judicial or the Legislative?

Our money’s still on the judicial based purely on the unlikelihood that the Republican-led House will ever pass a DOMA repeal measure.

Image via Rob_sg

Jump to 11 Comments

By: Daniel Villarreal
On: Oct 14, 2011
Tagged: Defense of Marriage Act, DOMA, Patrick Leahy, respect for marriage act

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11 Comments

No. 1 · Ray
Ugh the courts obviously. Do you really think the republican cunt suckers in Congress would ever allow it to be repealed?

Oct 14, 2011 at 2:10 pm · @Reply · Flag
No. 2 · Robert in NYC
Ray, exactly,but then we have 5 ultra conservative republican catholic judges on the SCOTUS. They’ve already overturned precedent in the Citizens United debacle and I wouldn’t mind betting they’d rule against repeal of DOMA in spite of overwhelming reasons fore repeal. George Bush made sure that the court would be stacked with conservatives, permanently in our life time favoring republican legislation. I just don’t see it being repealed. I hope I’m wrong.

Oct 14, 2011 at 2:38 pm · @Reply · Flag
No. 3 · the crustybastard
Courts. Because only courts can overturn laws. Congress repeals laws.

Trick question?

Oct 14, 2011 at 3:08 pm · @Reply · Flag
No. 4 · Hyhybt
Courts are slow, and the Supreme Court unpredictable. A vote in Congress, even if this passes the Senate, at this point is strictly symbolic.

But then, symbols are powerful, and congressmen can be replaced.

Oct 14, 2011 at 3:52 pm · @Reply · Flag
No. 5 · Mike1987
@Robert in NYC: I agree with you Robert.

Oct 14, 2011 at 5:34 pm · @Reply · Flag
No. 6 · geoff
Correct if I’m wrong; Isn’t Speaker of the House Boehner spending (at last report) 1.5 million tax payer $ to defend DOMA in the courts – after the Justice Department, well within its authority, declined to do so?

Oct 14, 2011 at 7:47 pm · @Reply · Flag
No. 7 · Steve
I have been told that the Congress of the United States is the worlds greatest deliberative body. They deliberate every issue far longer than anyone could possibly consider necessary. In the end, they usually do the right thing, but only after fully exhausting all other possibilities. The process often takes decades.

Oct 15, 2011 at 3:59 am · @Reply · Flag
No. 8 · Mike
Well, Congress didn’t deliberate for too long when it passed DOMA. I doubt this unconstitutional law will be removed from the books anytime soon. House=republican, SCOTUS=republican, Obama=weak. It’s just too damn close to impossible.

Oct 15, 2011 at 7:55 pm · @Reply · Flag
No. 9 · Stefan
The courts, probably within 5 years (though they may not mandate it in every state). There is a very reliable 5/4 split on the issue of gay rights, plus Roberts has dropped many hints of being supportive.

Oct 18, 2011 at 10:09 pm · @Reply · Flag
No. 10 · Hyhybt
@Stefan: He has?

Oct 18, 2011 at 10:30 pm · @Reply · Flag
No. 11 · Greg
Kennedy is very open minded on gay rights. I think he will be the 5th vote to strike it down where gay marriage is legal. Makes me proud to have worked to defeat the Bork in 1988. Whatever Justice Kennedy’s other failings and prejudices may be, anti-gay isn’t one of them.

Apr 3, 2012 at 9:28 pm · @Reply · Flag