DOMA no longer supported by Justice Department

The United States Department of Justice has announced that it will not any longer defend the Defense of Marriage Act (DOMA) in the courtroom. Defense of Marriage Act, passed during the Clinton administration, established that the federal government did not have to recognize a very same sex marriage. An ongoing discussion between the president and the Attorney General resulted in the conclusion the law was unconstitutional. Source of article – Justice Department to stop defending Defense of Marriage Act by MoneyBlogNewz.

White House and Justice Department declare DOMA unconstitutional

ABC states that the lawsuits that are about the DOMA, or Defense of Marriage Act, will not be pursued by the Department of Justice anymore, the Attorney General told Congress. Defense of Marriage Act, passed in 1996, mandates that states and territories of the United States don’t have to recognize a same-sex marriage, regardless of whether the same-sex marriage was legally executed. The objection isn’t to the act itself, however rather Section 3 of DOMA, which legally defines marriage as a union between a man and a woman as far as the government is concerned. President Obama agrees with what Attorney General Holder feels. It’s unconstitutional to have Section 3 of Defense of Marriage Act.

Question of scrutiny

The government had to choose whether to uphold DOMA due to 2 pending lawsuits, Pedersen v. OPM and Windsor v. United States. The New York Times reports that each of these lawsuits is in the courtroom districts without previous cases on same sex marriage and challenge Section 3. The Justice Department reviewed those cases using the legal tests of “rational basis” and “heightened scrutiny.”. The reason for a "rational basis" test is to see if a law has no rational purpose. This is done on constitutionally legal laws. A “heightened scrutiny” test is to determine whether an unconstitutional law serves a legitimate governmental purpose. It’s discriminatory to have the homosexual marriage law, the White House and Justice Department suggested. This makes it unconstitutional because there is no government purpose to do so that is legitimate.

DOMA not going quietly

The DOMA law hasn't been repealed even though the Justice Department refuses to pursue any more lawsuits. The Defense of Marriage Act, including Section 3, remains in effect for the moment. The act is "flawed" in accordance with Obama. He states that, to a certain extent, he is still expected to uphold it constitutionally. To be able to see if legislation is worth protecting in court, the president can make orders. This would be to the Justice Department.

Information from

ABC

blogs.abcnews.com/politicalpunch/2011/02/president-obama-instructs-justice-department-to-stop-defending-defense-of-marriage-act-calls-clinton.html

NY Times

nytimes.com/2011/02/24/us/24marriage.html

Justice.gov

justice.gov/opa/pr/2011/February/11-ag-223.html