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Obama Asks Supreme Court To Allow Gay Marriage - Foreign Affairs - Nairaland

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Obama Asks Supreme Court To Allow Gay Marriage by Ijeleigbo(m): 12:17pm On Feb 24, 2013
The Barack Obama administration took
another step toward institutionalizing
gay marriage, formally asking the US
Supreme Court to strike down a 1996
law defining marriage exclusively as a
union between a man and a woman.
The request was contained in a legal brief
filed Friday with the US court, whose nine
justices will next month review whether or
not to repeal the federal Defense of Marriage
Act (DOMA), which bans marriage between
homosexuals.

The document marks the first time a
president has endorsed same-sex marriage
rights before the Supreme Court.
According to the filing, the Defense of
Marriage Act “violates the fundamental
constitutional guarantee of equal protection”
before the law stipulated by the US
Constitution.
DOMA “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,” read the brief signed
by US Solicitor General Donald Verrilli.
The case before the Supreme Court involves
Edith Windsor, a lesbian who married in
Canada in 2007 but whose spouse and
partner of 40 years died. She was required to
pay more than $360,000 in federal estate
taxes because she was not considered
married under DOMA.

The White House position, however, came
under fire from Republicans in the House of
Representatives.
In a brief filed Friday, they insisted they have
a legal right to defend the law in the
Supreme Court in the absence of a defense
from the executive branch.
Last month, 10 US senators urged the court
to uphold the act and not to recognize same-
sex marriages from other states.
All of these senators had voted for the
Defense of Marriage Act and in a friend-of-the-
court brief, they said it was inconsistent for
the Justice Department to have assured
Congress the law was constitutional while it
was being crafted in the mid-1990s only to
raise questions now.
“The time to speak was in 1996, when
Congress gave careful consideration to the
need for DOMA,” they argued.
The Obama administration’s decision to
challenge the law comes as little surprise.
Obama has signaled on various occasions
recently that he is that he is in favor of gay
marriage.

During his second inaugural address last
month, the president drew parallels between
the struggle for gay rights and the Civil
Rights movement of past decades.
“Our journey is not complete until our gay
brothers and sisters are treated like anyone
else under the law, for if we are truly created
equal, then surely the love we commit to one
another must be equal as well,” Obama said.
He also drew a parallel between several
watershed struggles in US history: the
landmark Seneca Falls convention in 1848;
the 1960s civil rights battles; and the
Stonewall riots of June 1969, which are
widely seen as having launched the gay
rights movement.
Obama’s also chose gay poet Richard Blanco
to read a specially composed poem at his
second inauguration.
Already during his first term in 2011, Obama
abolished the Pentagon’s “Don’t Ask, Don’t
Tell” policy requiring military recruits to hide
their homosexuality, or risk being expelled
from the service.
In 2012, he became the first sitting US
president to speak out in favor of gay
marriage.
This past week, the Pentagon officially
extended some military benefits to same-sex
partners, but said services like medical
coverage would not be offered to gay troops’
spouses because of DOMA.
“One of the legal limitations to providing all
benefits at this time is the Defense of
Marriage Act, which is still the law of the
land,” Defense Secretary Leon Panetta said.
About 17,000 same-sex couples in the armed
forces were affected by the decision,
including 5,600 active duty service
members.

The effect of the DOMA law is to ban gay
marriage at the federal level. After victories in
several local referendums however, it is now
legal in nine out of 50 US states and in
Washington DC.
Re: Obama Asks Supreme Court To Allow Gay Marriage by teniyi(m): 1:37pm On Feb 24, 2013
The beginning of an end to the BIG country.
Re: Obama Asks Supreme Court To Allow Gay Marriage by Dansy(f): 5:01pm On Feb 24, 2013
American is about to fall. Obama government is purely antichrist.
Re: Obama Asks Supreme Court To Allow Gay Marriage by JeSoul(f): 8:22pm On Feb 24, 2013

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