Obama's DOJ vociferously defends Defense of Marriage Act - Again

[Bluebear]

Friday afternoon - 4/30/10

This afternoon, the Department of Justice filed another brief defending the Defense of Marriage Act. Today's filing supports DOJ's motion to dismiss that case brought against DOMA by the Commonwealth of Massachusetts by Attorney General Martha Coakley. As we are all aware, Massachusetts does allow same-sex marriage. The DOJ brief also argues against the Commonwealth's motion for summary judgment.

http://gay.americablog.com/2010/04/doj-vociferously-defends-doma-again.html

Latest DOJ brief defending DOMA:

http://www.scribd.com/doc/30754624/Latest-DOJ-brief-defending-DOMA

[katandmoon]

1. When Obama's DOJ's not prosecuting whistleblowers, it defends anti-gay laws.

I just love change.

[pinto]

2. Here's a link to the brief, somewhat easier to scroll and read -

http://www.scribd.com/doc/30754624/Latest-DOJ-brief-defending-DOMA

[Bluebear]

4. thanks pinto, I included it in OP for easy reading

Or uneasy reading :(

[Laughing Mirror]

3. If past is prologue, before flipping apprehensively through that 22-page brief,

I'm wondering what sort of 19th-century arguments that Justice will come up with this time.

[TriMera]

6. Argument.

Well, the crux of their argument can be found beginning at the bottom of page 10 of the brief. They're basically saying that sexual orientation is not a suspect classification and, therefore, does not deserve equal protection under the law. Gotta love that crap from our Fierce Advocate!

[freddie mertz]

5. More wonderful news from the "yes we can" folks....

I don't know much of this good news I take anymore...

[Bluebear]

10. But he has to uphold the Law Of The Land

Unless it's something he disagrees with.

[freddie mertz]

19. Righty-O.

And as we are constantly reminded, our duty is shut up and agree, no matter what the policy.

[QC]

46. You obviously don't appreciate fine chess. n/t

[Toasterlad]

7. ALL OF YOU QUIT YOUR WHINING! YOU JUST WANT TO BE VICTIMIZED!

Jesus fuck...I've got to find a way to move to Canada. I can't take this country anymore.

[Name removed]

8. Deleted message

Message removed by moderator. Click here to review the message board rules.

[TriMera]

9. Oh, come on guys...

Don't ya know there's more important stuff goin' on right now?

[zorahopkins]

16. There Are Homosexuals on The Food Channel?

Are there really homosexuals on the Food Channel?

I've suspected Ina Garten for some time.

[Name removed]

17. Deleted sub-thread

Sub-thread removed by moderator. Click here to review the message board rules.

[muffin1]

23. Haven't you heard???

You should be out there getting assaulted with fire hoses. ;)

[Bluebear]

24. I can't, I have a souffle to demonstrate on TV in about a half an hour.

[muffin1]

26. A souffle!!11!!

Well, you shouldn't worry about it falling...being gay, you are probably light on you feet. Just be sure NOT to break into a Liza showtune!:)

[Bluebear]

28. ---

"deleted subthread" :rofl:

[muffin1]

29. !

I noticed...

[TriMera]

34. It's just me, again. n/t

[TK421]

33. WIN!!!!!!!!

:spray:

[Initech]

11. DOMA and DADT are fucking evil pieces of legislation.

[Smashcut]

12. But THEY HAVE to defend it! That's what lawyers do, they defend bigoted legislation!!!11!

There, figured I'd get that insult to everyone's intelligence (and to lawyers) out of the way.

[FiveGoodMen]

13. Same administration, different day.

[Forkboy]

14. ....

[EFerrari]

15. Kick

[xchrom]

18. Recommend

[Name removed]

20. Deleted message

Sub-thread removed by moderator. Click here to review the message board rules.

[CTLawGuy]

21. the DOJ is not the president's lawyer

they are the government's lawyer. It's not their job to carry out the president's political wishes via the legal system.

The government as a rule believes its laws are constitutional.

Imagine if Bush were president and someone challenged the constitutionality of the Voting Rights Act, and Bush instructed the DOJ also to argue that it was unconstitutional because he personally opposed the law. You would have both sides arguing the same position.

[Toasterlad]

47. Does Obama Know That?

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x4358619

I guess it's only GAY cases Obama can't mess with the DoJ on, huh?

[CTLawGuy]

51. in that situation

Obama is NOT asking the DOJ to argue that a FEDERAL law is unconstitutional, he is asking it to review whether s STATE law is unconstitutional. While the federal government believes all FEDERAL laws are constitutional, it doesn't necessarily believe STATE laws are constitutional, especially when such laws might infringe on federal jurisdiction (like immigration).

Think about it this way. If the new AZ law allows the state of AZ to do what, under the constitution, the federal government is only allowed to do, then the federal government has a legitimate interest in suing to challenge the law.

On the other hand, if the federal government is being sued because the plaintiff claims a federal law is unconstitutional, it wouldn't be fair for the DOJ to agree with the other side or not depending on which laws the president liked and did not like.

Would it have been ok for Bush to tell the DOJ to agree with a constitutional challenge to the Voting Rights Act?

[Starry Messenger]

22. Fuck.

x(

[Bluebear]

43. .

[Orsino]

25. Hope we haven't forgotten our outrage...

... against the Congresscritters and president that turned it from an evil idea into an evil law.

[Bluebear]

27. You can be outraged at them all you want but they don't have the power to change it now.

[Orsino]

30. They had plenty of opportunities to repeal it, and didn't.

So has every Congress and president since.

I don't have a lot of outrage to spare for the DOJs who (sort of) have to uphold it.

[Bluebear]

32. So your outrage is only retroactive and Holder gets a pass? Oh, Papa toony.

If you're interested, this link will show you why the defense of DOMA is a choice the administration made, and why it is a betrayal:

http://www.huffingtonpost.com/paul-hogarth/obamas-doma-defense-unacc_b_215718.html

[Orsino]

35. Mostly. I hate the unctious ones who tell us, with a straight face, that it's right.

Holder gets a partial pass for just following orders, and not preaching at us about it.

He gets docked a few extra points, though, because it's two thousand freakin' ten.

[Toasterlad]

38. We Give Passes For Evil Shit If You Were Only Following Orders Now?

I'm sure there are some 80 year old nazis who'd be thrilled to know that.

[Orsino]

40. Like I said, "partial."

The architects of evil get most of my outrage.

[Toasterlad]

41. We Give Partial Passes For Evil Shit If You Were Only Following Orders Now?

So, what; the nazis get 300 years in prison instead of 500 years in prison?

[Orsino]

50. Yes. As at Nuremburg.

You bring the worst of the worst to trial, and you don't execute all of those you convict.

We're not going to try current and former presidents or Congresscritters. There will be no cases against the conspirators to deny civil rights.

[mzteris]

31. okay - just wrote the WH - on this

like I said, I don't like everything the man does. This is one of them. (dadt is another.) Let's get rid of this crap for once and for all.

[Tailormyst]

36. I'm no longer surprised or outraged

Obama is not my ally. Those who work for him are not my or my friends allies. They are just more bigots that inhabit our country. If they are not bigots, then they are cowards, afraid to upset the bigots.

Cowards or Bigots, it's one or the other.

[BlueIris]

37. Shocking.

:sarcasm:

[Name removed]

39. Deleted message

Message removed by moderator. Click here to review the message board rules.

[Dragonfli]

42. We need to find people that don't legislate from a preachers sermon

Too many religious people think some "God" wants them to be as nasty as possible to those different from them.
Obama's hatred of "the gay" comes from his religion. Can we elect people that don't believe in nasty little fairy tails that devote so many pages to hatred and the need to shed blood?

Is it even possible for a rational government that relies on science over fairy tales?

[Robeson]

44. Kick.

[Starry Messenger]

45. kick.

[saracat]

48. How dare you whine? Why do you hate America?

:sarcasm:

[KG]

49. isn't it great there's a 'fierce advocate' in the WH?

[Bluenorthwest]

52. Bigots are bigots are bigots are bigots

No way to slice around it.

[tbyg52]

53. Kick.

:mad:

[muffin1]

54. Hell...

I may well kick, too. AND I'll see your :mad: and raise you a :puke:.