Wednesday, February 23, 2011

On The Road To Marriage Equality!

In the midst of Wisconsin and Libya, some most excellent news today:
WASHINGTON — President Obama, in a major legal policy shift, has directed the Justice Department to stop defending the Defense of Marriage Act — the 1996 law that bars federal recognition of same-sex marriages — against lawsuits challenging it as unconstitutional.

Attorney General Eric H. Holder Jr.sent a letter to Congress on Wednesday saying that the Justice Department will now take the position in court that the Defense of Marriage Act should be struck down as a violation of gay couples’ rights to equal protection under the law.

“The President and I have concluded that classifications based on sexual orientation warrant heightened scrutiny and that, as applied to same-sex couples legally married under state law,” a crucial provision of the act is unconstitutional, Mr. Holder wrote.
As the article states, Congress and other parties could choose to defend the law. That means some courts could agree and follow. And the administration will continue to enforce the act unless and until Congress repeals it, or a court delivers a “definitive verdict against the law’s constitutionality.

But on the road to marriage equality, nonetheless!

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