Rad, Rad, Rad, Rad.
Of course, they're LYING about it on, d'uh, Fox News - and saying the government will no longer enforce DOMA, which is certainly not the case. They will no longer defend it in lawsuits, because a particular suit in the Second Circuit opened up an avenue to find gays deserving of some kind of strict scrutiny in lawsuits* The suits in other circuits so far have come with the "local" precedence of "rational basis" determination - a much lower bar for constitutionality.
Basically, Obama is now free to declare gays are deserving of strict scrutiny, because the 2nd Circuit has never ruled that out. So Obama says they are, and therefore Article 3 of DOMA (which is the one where states are allowed to ignore the full faith and credit clause of the Constitution if they are grossed out by The Gay) is ... wait for it ... UNCONSTITUTIONAL.
Finally a back-bone, Mr. Obama. Welcome to the human race.
Hahahah, Maggie Gallagher declares Obama's saying Gay is like Black. Well D'UH, Maggie, you stupid cow. That's exactly right. Get.Over.It you loser B!tCh.
Oh, they are also lying that Obama MUST defend laws on the books. Not so. The Justice Dept DOES NOT have to defend laws it deems, in its own judgment, to be unconstitutional - just as it can decide whether to enforce ANY LAW on the books based on any decision-making process it chooses for which crimes to prosecute and defend.
BUT - individual members of Congress CAN step in to defend DOMA and other laws IF the Justice Department declines to do so ... probably gonna happen.
* (There are several levels "strict scrutiny" consideration - Obama did not specify which he believes gays are entitled to in courts of law.)
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Last edited by innerSpaceman : 02-23-2011 at 03:52 PM.
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