1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

DOMA deemed unconstitutional by Obama Administration.

Discussion in 'Current Events, World News, & LGBT News' started by Emberstone, Feb 23, 2011.

  1. Emberstone

    Full Member

    Joined:
    May 26, 2008
    Messages:
    6,680
    Likes Received:
    1
    Location:
    Oregon, USA
    http://prop8trialtracker.com/2011/0...ounces-theyll-no-longer-defend-doma-in-court/

     
  2. Revan

    Full Member

    Joined:
    Jun 22, 2005
    Messages:
    7,853
    Likes Received:
    36
    Location:
    Canada
    Gender:
    Male
    Gender Pronoun:
    He
    Sexual Orientation:
    Gay
    Out Status:
    Out to everyone
    Finally, what does this mean though? Anything?
     
  3. Just Adam

    Full Member

    Joined:
    Mar 17, 2009
    Messages:
    4,435
    Likes Received:
    1
    Location:
    My AV room
    Nothing is what it means.

    They say what they say but it aint down to obama camp to repeal this they need republicans.

    Sadly in American politics saying somethings unconstitutional is effectively an opinion.
     
  4. Emberstone

    Full Member

    Joined:
    May 26, 2008
    Messages:
    6,680
    Likes Received:
    1
    Location:
    Oregon, USA
    they are advocating for congress to repeal the law, which is the safest, solid way to remove any law.

    basically, yet again, the republicans are the only thing standing in the way of lgbt equality. dems may have the senete, but the house is shaky ground right now on repeal.
     
  5. Revan

    Full Member

    Joined:
    Jun 22, 2005
    Messages:
    7,853
    Likes Received:
    36
    Location:
    Canada
    Gender:
    Male
    Gender Pronoun:
    He
    Sexual Orientation:
    Gay
    Out Status:
    Out to everyone
    I see. Does them saying it mean they can do anything nationwide repeal? Or is nationwide repeal completely impossible even if the Dems ruled the house too.
     
  6. Zontar

    Full Member

    Joined:
    Oct 22, 2010
    Messages:
    1,802
    Likes Received:
    0
    Location:
    Binghampton, NY
    Because of our division of powers, there is nothing the President himself can do except say he doesn't like it, and try to persuade Congress to repeal it...where the ultimate power to do so lies.
     
  7. Emberstone

    Full Member

    Joined:
    May 26, 2008
    Messages:
    6,680
    Likes Received:
    1
    Location:
    Oregon, USA
    I suspect that like 2004, we will see the republicans try to force the 'fear of da gays' once more into the presidential elections of 2012.

    Obama can't change laws. he can only advocate for their changes.
     
  8. Revan

    Full Member

    Joined:
    Jun 22, 2005
    Messages:
    7,853
    Likes Received:
    36
    Location:
    Canada
    Gender:
    Male
    Gender Pronoun:
    He
    Sexual Orientation:
    Gay
    Out Status:
    Out to everyone
    I'm really praying for 4 more years.
     
  9. Emberstone

    Full Member

    Joined:
    May 26, 2008
    Messages:
    6,680
    Likes Received:
    1
    Location:
    Oregon, USA
    I honestly am shocked that he did this. usually, a president walks a fine line their first term. once a president gets their second term, they are more free to take risks.

    While opinion is shifting, and last i heard, opinion was just over the line in favor of lgbt rights, it still is dangerous to take on such a stand.

    I am glad to be free of the type of econamy mccain would have given us, and I am happy the strides we are making for LGBT equality... but I also see this as something that could bit america in the butt.

    history proves republicans are the greatest threat to LGBT rights, and it also proves the same about the econamy.
     
  10. RedState

    Full Member

    Joined:
    Aug 24, 2008
    Messages:
    1,456
    Likes Received:
    0
    Location:
    The Southeastern Conference
    Nothing is unconstitutional until the Supreme Court deems it so. The Justice Department, nor any sitting Administration, can rule a standing law unconstitutional, they simply can choose to omit portions of their argument (which is a risky strategy).
     
  11. Revan

    Full Member

    Joined:
    Jun 22, 2005
    Messages:
    7,853
    Likes Received:
    36
    Location:
    Canada
    Gender:
    Male
    Gender Pronoun:
    He
    Sexual Orientation:
    Gay
    Out Status:
    Out to everyone
    A big stand yes. But even if he doesn't get his second term, he's still going to be remembered as the man who truly started a change in the USA. Haha that makes me laugh as that was one of the slogans for Obama.
     
  12. RedState

    Full Member

    Joined:
    Aug 24, 2008
    Messages:
    1,456
    Likes Received:
    0
    Location:
    The Southeastern Conference
    Yes..change indeed..ahem...:rolle:
     
  13. ANightDude

    Full Member

    Joined:
    May 10, 2008
    Messages:
    1,151
    Likes Received:
    0
    Location:
    Santa Fe, New Mexico
    Well that's just the question. In twenty years from now, is he going to be remembered favorably or will people just remember him as the first black president.

    Chances are already high he'll win a second term. But there is NO doubt he will be remembered by the gay community. We've gotten so much farther under him than with any other president, and that's an obvious fact (putting aside his policies).
     
  14. RedState

    Full Member

    Joined:
    Aug 24, 2008
    Messages:
    1,456
    Likes Received:
    0
    Location:
    The Southeastern Conference
    Well, I agree with that...and that is a very good point.
    But, with me (and yes I know this makes me a horrible gay) but those issues are just not my passion. I'm not approaching this from a social issue point understand...I simply think that..unless things change rather quickly...he will not be remembered as a great President
     
  15. s5m1

    Full Member

    Joined:
    Dec 13, 2007
    Messages:
    800
    Likes Received:
    0
    Location:
    Maryland
    This is a very significant development. Rather than defend the constitutionality of DOMA, the Justice Department is agreeing that the law is unconstitutional. They are saying that laws treating gays differently than straights must be viewed with a heightened level of constitutional scrutiny. Without going into the details of constitutional law, if the courts were to accept this argument it would be MUCH harder to enact laws that treat us differently. In constitutional jurisprudence, this would be a big change.

    The arguments for this heightened level of scrutiny are very strong and well reasoned, but they are new. The Supreme Court is rarely a leader when it comes to social reform, so it may be reluctant to extend the law this far. On the other hand, gay rights have progressed greatly in the last several years, and this can have an influence on the Court. There is also a view among more libertarian conservatives that government should stay out of everyone’s bedrooms. Judges who accept this view would be more likely to agree that we are entitled to heightened constitutional protection.

    While it is hard to predict where this will lead, it is a really big deal. I received a lot of emails today from other gay lawyers talking about this.
     
  16. Revan

    Full Member

    Joined:
    Jun 22, 2005
    Messages:
    7,853
    Likes Received:
    36
    Location:
    Canada
    Gender:
    Male
    Gender Pronoun:
    He
    Sexual Orientation:
    Gay
    Out Status:
    Out to everyone
    Don't forget about the HEalth Care Bill which is also huge. I'd say he'll definitely be remembered as a great one by those who are democrats. Republicans however will say he's a horrible one.
     
  17. RedState

    Full Member

    Joined:
    Aug 24, 2008
    Messages:
    1,456
    Likes Received:
    0
    Location:
    The Southeastern Conference
    Well, the US is still somewhat divided on that issue...and it is still in question on if portions of the law...or even the entire law itself...will be upheld by the Supreme Court.
    I personally think the law is horrible...and there are a lot of democrats out there that are still kinda "iffy" on that issue.
     
  18. Revan

    Full Member

    Joined:
    Jun 22, 2005
    Messages:
    7,853
    Likes Received:
    36
    Location:
    Canada
    Gender:
    Male
    Gender Pronoun:
    He
    Sexual Orientation:
    Gay
    Out Status:
    Out to everyone
    Meh it's always complain complain complain in America...no offense, but it's true.
     
  19. volleyren

    Regular Member

    Joined:
    Oct 13, 2009
    Messages:
    18
    Likes Received:
    0
    Location:
    Pittsburgh, PA
    Don't know if you guys have read the actual letter from Attorney General Holder to Speaker Boehner, but my goodness, does it make a rational and well-reasoned argument. There is some legal jargon, but it's actually quite a refreshing read if you're so inclined. Too bad it doesn't mean much practically speaking... at least not yet.

    http://www.justice.gov/opa/pr/2011/February/11-ag-223.html
     
    #19 volleyren, Feb 23, 2011
    Last edited: Feb 23, 2011
  20. sokk

    Regular Member

    Joined:
    Dec 20, 2009
    Messages:
    627
    Likes Received:
    0
    Location:
    Norway
    Gender:
    Female
    Sexual Orientation:
    Bisexual
    I'm sorry, but I still think Obama is a shitty president. Reasons are that free health care is still in flux and there's still a high umeployment rate.