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Sun Feb 19, 2012, 06:24 PM

President Obama, as Chief Executive, is in charge of the DOJ (Proof inside)

Obama administration will no longer defend DOMA
February 23, 2011

President Obama has instructed the Justice Department to no longer defend the constitutionality of the Defense of Marriage Act, or DOMA, the legal prohibition on federal recognition of same-sex marriages.

Attorney General Eric Holder said in a statement that the department will stop defending the policy because it has now been challenged in the Second Circuit, "which has no established or binding standard for how laws concerning sexual orientation should be treated."

"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," he said. "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. 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."


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Reply President Obama, as Chief Executive, is in charge of the DOJ (Proof inside) (Original post)
morningfog Feb 2012 OP
DURHAM D Feb 2012 #1
Enrique Feb 2012 #2
morningfog Feb 2012 #3
morningfog Feb 2012 #4

Response to morningfog (Original post)

Sun Feb 19, 2012, 07:32 PM

1. Why are you posting an article that is a year old?

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Response to DURHAM D (Reply #1)

Sun Feb 19, 2012, 07:36 PM

2. looks like a response to this thread


I remember all the hub-bub about how unethical it was for the President to influence the actions of the DoJ. There were many discussions on DU about how the White House was using the DoJ as a political tool in violation of its charter for independence. There was plenty to go on too. Hell, it was practically blatant.

Now we have a different scenario. Now some seem to be very willing to ignore the fact that the actions of the DoJ are not supposed to be the will of the POTUS and insisting, without any evidence, that Obama is directing the Department to pursue his agenda.

Let's not forget that the DoJ defended DADT even while Obama voiced his opposition to it and ultimately did away with it. With such a stunning example of disagreement between Obama and the DoJ, knowing that Obama cannot actually voice opposition to the actions of the DoJ, and after all the insistence by DUers that the DoJ is independent from the White House...

... Why do so many people continue to insist that the actions of the DoJ are the will of Obama?

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Response to Enrique (Reply #2)

Sun Feb 19, 2012, 07:49 PM

3. Yes, that is why.

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