Sunday, May 29, 2011

DOMA (Nearly) DOA

Some
good news from the White House:

In a major reversal, the Obama administration has notified
Congress that it will no longer defend the federal law that says
marriage can exist only between a man and a woman.
Attorney General Eric Holder says he has recommended, and the
president has agreed, that the law unconstitutionally discriminates
against same-sex couples who are legally married but whose status
is not recognized by the federal government.
"Given a number of factors, including a documented history of
discrimination," Holder wrote in a statement, the administration
has concluded that classifications based on sexual orientation must
be subject to a higher constitutional standard than ordinary laws.
And the federal Defense of Marriage Act does not meet that test, he
says.

The law is still in effect, but probably lost whatever chance it
had of surviving a legal challenge. You can read Holder's letter

here.
Reason on DOMA
here, including this
piece from 1996 by Nick Gillespie. Excerpt:

It is a misguided attempt to define for all time an institution
that is constantly, if slowly, evolving. Its supporters may think
they can stop social evolution in its tracks and enforce a singular
vision of the good society. But such people misunderstand the very
nature of a free society and its dependence on choice and change.
The Defense of Marriage Act may well have put off state recognition
of same-sex marriage for the time being, but such laws can do
precious little to keep things as they are. There can be little
doubt that, ultimately, the government will be following IBM's
lead, even as IBM has followed its employees'.

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