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Thread: Obama Administration Drops Defense of Anti-Gay Marriage Law

  1. #231
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    Re: Obama Administration Drops Defense of Anti-Gay Marriage Law

    Quote Originally Posted by danarhea View Post
    Actually, it goes deeper than that. There is a difference between declaring a law unconstitutional and declaring that you will not defend the constitutionality of an unconstitutional law, although you will still continue to enforce it.
    How does one enforce a law they're not willing to defend?
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    Re: Obama Administration Drops Defense of Anti-Gay Marriage Law

    Quote Originally Posted by Mr. Invisible View Post
    Dude, there is a difference between declaring an entire law unconstitutional and declaring part of a law unconstitutional
    In either case, the president is declaring it (all or part) unconstitutional. I thought some here were saying the prez doesn't have that power.
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    Re: Obama Administration Drops Defense of Anti-Gay Marriage Law

    Quote Originally Posted by X Factor View Post
    How does one enforce a law they're not willing to defend?
    The same way you enforce any law you disagree with.
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    Quote Originally Posted by Fiddytree View Post
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    Re: Obama Administration Drops Defense of Anti-Gay Marriage Law

    Quote Originally Posted by Redress View Post
    The same way you enforce any law you disagree with.
    Well, except this isn't like a criminal law. Enforcement would depend on defending DOMA in court, which is what the DOJ is now refusing to do, again, the practical effect is the same. No defense = no enforcement.
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    Re: Obama Administration Drops Defense of Anti-Gay Marriage Law

    Quote Originally Posted by X Factor View Post
    In either case, the president is declaring it (all or part) unconstitutional. I thought some here were saying the prez doesn't have that power.
    The same way cops who smoke pot arrest people who do the same thing.

    There are a lot of people enforcing laws they disagree with.

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    Re: Obama Administration Drops Defense of Anti-Gay Marriage Law

    Quote Originally Posted by FilmFestGuy View Post
    The same way cops who smoke pot arrest people who do the same thing.

    There are a lot of people enforcing laws they disagree with.
    I agree that's possible with criminal laws, I just don't get how DOMA can be enforced without being defended in court.
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    Re: Obama Administration Drops Defense of Anti-Gay Marriage Law

    Quote Originally Posted by X Factor View Post
    Well, except this isn't like a criminal law. Enforcement would depend on defending DOMA in court, which is what the DOJ is now refusing to do, again, the practical effect is the same. No defense = no enforcement.
    Not enforcing DOMA from a federal standpoint would be allowing same sex marriages the same federal benefits as opposite sex married couples. If you see a rush of opposite sex married couples applying for and recieving joint tax returns and other such federal benefits, then you would be right. Want to bet whether that happens Monday? It will not, because DOMA is still in effect.
    We became a great nation not because we are a nation of cynics. We became a great nation because we are a nation of believers - Lindsey Graham

    Quote Originally Posted by Fiddytree View Post
    Uh oh Megyn...your vagina witchcraft is about ready to be exposed.

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    Re: Obama Administration Drops Defense of Anti-Gay Marriage Law

    Quote Originally Posted by X Factor View Post
    Well, except this isn't like a criminal law. Enforcement would depend on defending DOMA in court, which is what the DOJ is now refusing to do, again, the practical effect is the same. No defense = no enforcement.
    Ummm...no. Enforcement has an entirely different meaning both in the english laguage and in court from defending.
    We became a great nation not because we are a nation of cynics. We became a great nation because we are a nation of believers - Lindsey Graham

    Quote Originally Posted by Fiddytree View Post
    Uh oh Megyn...your vagina witchcraft is about ready to be exposed.

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    Re: Obama Administration Drops Defense of Anti-Gay Marriage Law

    Quote Originally Posted by Redress View Post
    Not enforcing DOMA from a federal standpoint would be allowing same sex marriages the same federal benefits as opposite sex married couples. If you see a rush of opposite sex married couples applying for and recieving joint tax returns and other such federal benefits, then you would be right. Want to bet whether that happens Monday? It will not, because DOMA is still in effect.
    Ok, what if a same sex couple sues for whichever federal benefits you're referring to? If fed government rolls over than isn't that the same thing as not enforcing the law? Actually, Redress, I don't understand why this distinction matters to you. If Obama had said, "I don't believe in this law so I'm not going to enforce it, wouldn't your position be exactly the same as it is now?
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    Re: Obama Administration Drops Defense of Anti-Gay Marriage Law

    Quote Originally Posted by Redress View Post
    Not enforcing DOMA from a federal standpoint would be allowing same sex marriages the same federal benefits as opposite sex married couples. If you see a rush of opposite sex married couples applying for and recieving joint tax returns and other such federal benefits, then you would be right. Want to bet whether that happens Monday? It will not, because DOMA is still in effect.
    Is it? In July, a federal district court in Boston ruled in two separate cases section 3 of DOMA violated the fifth and tenth amendments to the constitution, and that it could no longer be cited as a basis for denying spousal benefits to legally married same sex couples. Enforcement has been delayed because the DOJ filed an appeal of the ruling, but Holder sent a latter to the US Circuit Court in Boston withdrawing the appeal, so section 3 of DOMA is no longer in effect.

    Section 3. Definition of marriage
    In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word 'marriage' means only a legal union between one man and one woman as husband and wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife.

    Defense of Marriage Act - Wikipedia, the free encyclopedia

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