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Tuesday, 26 February 2013 00:53

Obama Administration Urges Supreme Court To Kill DOMA

Written by 

barack obama

 

Last week, I wrote about the possibility that Obama's administration has to be able to give its view to Supreme Court, which has to rule on marriage equality in California and on cases challenging the section 3 of the Defense of Marriage Act (DOMA), which says marriage is a only an union between a man and a woman. 

In a Friday filing, a lawyer of the administration, Solicitor General Donald Verrilli, urged the Supreme Court to kill DOMA!

The administration says that "section 3 of DOMA violates the fundamental constitutional guarantee of equal protection. The law denies to tens of thousands of same-sex couples who are legally married under state law an array of important federal benefits that are available to legally married opposite-sex couples. Because this discrimination cannot be justified as substantially furthering any important governmental interest, Section 3 is unconstitutional."

And it continues saying that the "section 3 of DOMA targets the many gay and lesbian people legally married under state law for a harsh form of discrimination that bears no relation to their ability to contribute to society. It is abundantly clear that this discrimination does not substantially advance an interest in protecting marriage, or any other important interest. The statute simply cannot be reconciled with the Fifth Amendment's guarantee of equal protection. The Constitution therefore requires that Section 3 be invalidated."

Currently, it is only about DOMA and one does not know yet which will be the decision of the administration relating to prop. 8. There still remain a few days. They have until February 28 to make a decision.  

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