July 9, 2010

Obama Administration is Sabotaging Defense of Marriage Act


www.LC.org

Boston, MA – In his decision declaring section 3 of the federal Defense of Marriage Act (DOMA) unconstitutional, Judge Tauro characterizes Congress’s decision to define marriage for federal purposes as between one man and one woman as an "irrational" desire to "punish[]" same-sex couples based solely on "animus." While Judge Tauro’s conclusions are unfounded, far-reaching, and should be reversed on appeal, even more shocking is the fact that the Obama administration is intentionally sabotaging DOMA.

In court papers submitted by the Obama administration, the federal government expressly disavowed the purposes set forth by Congress in passing DOMA. In particular, the administration stated in a September 2009 memorandum that "the government does not rely on certain purported interests set forth in the legislative history of DOMA, including the purported interests in 'responsible procreation and child-rearing' – that is, the assertions that (1) the government’s interest in 'responsible procreation' justifies limiting marriage to a union between one man and one woman and (2) that the government has an interest in promoting the raising of children by both of their biological parents." Not only did the administration disavow these important legislative justifications for DOMA, but it relied on various politically motivated statements by medical and social science organizations for the proposition that children raised by gay and lesbian parents are as likely to be well-adjusted as children raised by heterosexual parents. Having disavowed Congress's stated purposes for DOMA, the administration argued that Congress passed DOMA to maintain the status quo.

Mathew D. Staver, Founder of Liberty Counsel and Dean of Liberty University School of Law, commented: "President Obama has been actively promoting an agenda to undermine the nation’s marriage laws. When you weaken the family, as President Obama is doing by his policies, you weaken society. Children fare best when raised with a mom and a dad. Redefining marriage to something it was not intended to be weakens the family and is not in the best interest of children or society. President Obama and Attorney General Eric Holder must defend the nation’s marriage laws. The Obama administration must defend DOMA, not sabotage the law."

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