President Directs AG to Cease Defending Defense of Marriage Act

Attorney General Eric H. Holder Jr. sent a letter to Congress on Wednesday saying that the Justice Department will now take the position in court that the Defense of Marriage Act should be struck down as a violation of gay couples’ rights to equal protection under the law.

Isn't nice to see us all trying to grow up as a nation?

It's about time.

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- You can pray for me, I'll think for you.
- When you understand why you dismiss all the other possible gods, you will understand why I dismiss yours.

Who cares if it's the law of the land and that the White House and the Attorney General now say they will no longer defend the law of the land.

Some of you may be happy with this development.... just wait until there's an Administration that decides that they don't agree with a law that you favor.

Let's not forget he is President Obama. Not King Obama. Even he must follow and defend the laws of our country, even if he doesn't agree with them.

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Is it an impeachable offense? Or can the administrative branch find a law unconstitutional and use it's power to overturn it? Like any other law which potentially violates civil rights.

When that happens there will be a case filed in Federal court and the constitutionality of the law will be determined. Seems to me that is how the system was set up to work. I guess we will now see if the DOMA supporters want to test their law or not. I suspect not because it I recall correctly, even Scallia does not think the law is constitutional.

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2014 C250 21,XXX my new DD ** 2013 GLK 350 18,000 Wife's new DD**

- With out god, life is everything.
- God is an ever receding pocket of scientific ignorance that's getting smaller and smaller as time moves on..." Neil DeGrasse Tyson
- You can pray for me, I'll think for you.
- When you understand why you dismiss all the other possible gods, you will understand why I dismiss yours.

Is it up to the Executive Branch to do this? Because that's what it seems like they're doing.

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Current:
2014 VW Tiguan SEL 4Motion 43,000 miles.

2016 Hyundai Santa Fe Sport (wife's).

Past:
2006 Jetta TDI 135,970 miles. Sold Nov. '13.
1995 E-320 Special Edition. 220,200 miles. Sold Sept. '07.
1987 190-E 16 valve. 153,000 miles. Sold Feb. '06.
1980 300-D 225,000 miles. Donated to the National Kidney Foundation.
1980 240-D manual, 297,500 miles. Totaled by inattentive driver.

I believe that is a reason why there's a Justice Department and a Solicitor General.
We truly have a great system of government and laws.

Is this the right order of events? SHouldn't they have a Court ruling first, before they decide not to enforce it?
Would you support this type of action if it removed some law you favor? Say some future president decided to unilaterally stop allowing abortions on demand, and said he thought that was unconstitutional. Would you, likewise support that executive action?

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Is it determining that it is unconstitutional and overturning it or simply saying "I don't want to defend it."?

Is the Prez and the AG allowed to do that?

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I am not a legal expert but I do not think that is what is going on and I do not think your example is what is going on either.

I believe the POTUS is just saying that the WH will not spend time or money defending the law but that states are welcome to do so. He did not reverse the law or out law anything.

It sounds like the courts will have to decided it's constitutionality and if it passes muster, then the WH will have to defend it.

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2014 C250 21,XXX my new DD ** 2013 GLK 350 18,000 Wife's new DD**

- With out god, life is everything.
- God is an ever receding pocket of scientific ignorance that's getting smaller and smaller as time moves on..." Neil DeGrasse Tyson
- You can pray for me, I'll think for you.
- When you understand why you dismiss all the other possible gods, you will understand why I dismiss yours.

Yes we do, and it mostly works. My point was that it's not only the executive branch that can declare a law unconstitutional and not defend it, as the president seemingly has. I thought you'd agree with my view that there are three branches of government for several reasons, one being that we shouldn't have a king in the White House.

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Current:
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2016 Hyundai Santa Fe Sport (wife's).

Past:
2006 Jetta TDI 135,970 miles. Sold Nov. '13.
1995 E-320 Special Edition. 220,200 miles. Sold Sept. '07.
1987 190-E 16 valve. 153,000 miles. Sold Feb. '06.
1980 300-D 225,000 miles. Donated to the National Kidney Foundation.
1980 240-D manual, 297,500 miles. Totaled by inattentive driver.

A reading of the article would answer most questions. The administration does not believe that the DOMA can pass the strict scruity associated with the discrimination created by the law. The instruction to the AG is to cease arguing that the law is constitutional in legal proceedings before the federal or Supreme Court.

The administration can take a position on the constitutionality of any law being reviewed by a court.

I do agree that there are three branches of government. However, I do not assume that every law passed by the legislative branch is constitutional, a position that would skew the tripartite balance, yes?

Otherwise, corporations would have less rights, such as poltical contributions, than they do now.

I think we agree, for the most part. What I'm trying to say is that one branch of the government can't simply stop defending an established law of the land simply because it doesn't agree with it. It must go through the proper process.
I don't agree that red light cameras (wherever they are) are constitutional. Should I simply declare my position and not be subject to that law?

__________________

Current:
2014 VW Tiguan SEL 4Motion 43,000 miles.

2016 Hyundai Santa Fe Sport (wife's).

Past:
2006 Jetta TDI 135,970 miles. Sold Nov. '13.
1995 E-320 Special Edition. 220,200 miles. Sold Sept. '07.
1987 190-E 16 valve. 153,000 miles. Sold Feb. '06.
1980 300-D 225,000 miles. Donated to the National Kidney Foundation.
1980 240-D manual, 297,500 miles. Totaled by inattentive driver.