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

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  • Ray

    Ugh the courts obviously. Do you really think the republican cunt suckers in Congress would ever allow it to be repealed?

  • 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 I just don’t see it being repealed.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.

  • the crustybastard

    Courts. Because only courts can overturn laws. Congress repeals laws.

    Trick question?

  • 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.

  • Mike1987

    @Robert in NYC: I agree with you Robert.

  • 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?

  • 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.

  • 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.

  • 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.

  • Hyhybt

    @Stefan: He has?

  • 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.

Comments are closed.