Obama administration ends its defense of DOMA
 

Obama says DOMA does not meet Constitutional standards as why he's decided to stop defending the law even though no court ruled it unconstitutional, Obama administration ends its defense of DOMA - Washington Times.

Sadly, Obama has not used the same criteria with Obamacare that HAS been ruled unconstitutional by multiple courts! The idea that he is presenting his decision on DOMA due to his strict construcionist view of the Constitution is a joke.

The defense of marriage act goes against Amendment 14 Clause 1. where does the healthcare law run afoul of the Constitution? If you come back with enumerated powers you fail because that is still a debate since the founding of this country that your side has consistently lost. LOST.

How do you figure it violates the 14th Amendment? Marriage is not a right protected at the federal level, but a contract entered into at the state level. Nothing more.

As far as where the healthcare law runs afoul of the Constitution, that is a topic which is being discussed in a variety of threads in which you've been active. One more isn't going to magically help you understand.

Stupid motherfucker Barry has us stuck in a shit economy and this is supposed to be news?

The DOMA doesn't violate the 14th Amendment. It might, if it actually banned same-sex marriage nationwide; in addition to which the federal government doesn't have that authority, or at least I can't think of any of the enumerated powers that would stretch to support that.

What the DOMA does violate, however is this clause:

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. (U.S. Constitution, Article IV, Section 1).

What this means is that if one state says another couple is married, all other states must recognize that they are married as well. The federal government is not entitled to say "You don't have to recognize marriage unless it's between a man and a woman." That would require a constitutional amendment, not merely an act of Congress.

Let me break it down for you. DOMA is a federal law that was ruled unconstitutional by a federal judge. Initially, the administration appealed the decision which keeps the law in force until it reaches a decision by the Supreme Court or the government drops their appeal. Are we clear now EricOKC? I can hear the gears running so I think you got it.

On the healthcare law the only constitutional question has to do with enumerated powers. this debate has consistently delivered defeat after defeat to "strict constitution" advocates. Including the famous first advocate in the debate, Thomas Jefferson. The record shows that your assumed view point and JohnLock's expressed viewpoint is a loser in regard to the enumerated powers debate. Why would I accept a viewpoint about constitutionality that has not been able to make its case.

Well, if no court has found it to be unconstitutional, why would it need defending?

Then the federal government shouldn't be defending it...

Wouldn't section 3 of the act effectively do just that.

Section 3. Definition of 'marriage' and 'spouse':

In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word 'marriage' means only a legal union between one man and one woman as husband and wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife.

For your education:

Judge declares US gay marriage ban is unconstitutional - Local News Updates - MetroDesk - The Boston Globe

And for yours, allow me to introduce you to the first sentence of this thread:

Obama says DOMA does not meet Constitutional standards as why he's decided to stop defending the law even though no court ruled it unconstitutional. I didn't write that.

I was merely playing Devil's Advocate in my response to the above statement...

Sorry Steve, I missed that part of JohnLocke's OP. My bad. my post is thus redirected to JohnLocke.

No worries...

In July of 2010, a federal court found that DOMA violates the Fifth Amendment guarantee of due process, and the tenth amendment, by interfering with a states right to define marriage.
In other words the OP is just flat out wrong.

A great decision by Obama!

And, although SOME courts have ruled ACA unconstitutional, others have not!

So, if marriage is not a right protected at the federal level. . .there is no problem either way! . . .let each state decide, and more and more states are deciding in favor or EQUAL marriage rights!

Obama is just putting himself on the right side of the issue! Good move!

Do you know the difference between victory and defeat? What they have in common is a fight is involved. While challenged in courts, DOMA was victorious in the fight.

Good catch. What is funny is if you read the case, it is based on a lack of respect for State's rights. Funny how that does not apply to health care.

You don't see the double standards here?

it is inevitable that gays will be allowed to marry in the USA