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President Obama Instructs Justice Department to Stop Defending Defense of Marriage Act calls Clinton-Signed Law “Unconstitutional”

February 23, 2011 12:39 PM

Barak Obama was elected as forty-second president of the United States. No, he can’t appoint himself a Supreme Court Justice so it is highly improper – in fact, against the law – for him to rule something is constitutional or not constitutional.

But that’s just what he has done. This president does not believe in the Constitution’s Separation of Powers clause. He is determined to ignore the Constitution at every bend in the road. Why, because it suits his nefarious perposes.
Rush Limbaugh today told his listeners why Obama was doing this – it has its roots in campaign funding for the Democrat Party. Most importantly, funding he will need to be re-elected president in 2012. You see, it all started in Madison, Wisconsin when a young governor by the name of Scott Walker got together with Republican lawmakers and formulated a bill to limit the power of Unions in Wisconsin. The bill would make it possible for unions only to represent teachers and administrators in matters involving pay. It outlaws them negotiating for benefits.

Most importantly, the bill is an effort by the governor to balance the budget. It would raise some $30 million by reducing Wisconsin teacher benefits. Today, the state’s taxpayers fund their health care insurance and pensions one hundred percent. Walker took what many observers consider tepid action against teacher’s. His bill will require that they pay for a scant 5.8 percent of their pension costs and about 12 percent of their health care. Yet, the teachers and their union were furious, even to the extent of printing posters that cast unsavory light on the governor – such as depicting him as America’s Hitler or Stalin who are known to have killed millions of people, including six million Jews causing the Holocaust.

Now the cards are on the table, Democrats fled to Illinois so that the Republican legislature would not have enough lawmakers on hand to declare a quorum and vote on the measure. While they were in hiding somewhere in Rockford, Illinois (Illinois prohibits Wisconsin Highway Patrolmen from coming to their state to arrest these Democrats and take them back to Madison). The Democreats thought they had Scott Walker hogtied. That was until today when he announced that if those lawmakers aren’t back in Madison and on the floor of the Legislature by Monday, he would start firing people, state employees, to make up the amount of the budget shortfall. 
Walker’s plan is to fire 10,000 employees on Monday, then fifteen thousand in two weeks, and so forth until he has taken the necessary steps to balance the budget. Can you imagine the angst of the newly unemployed? No doubt they will blame the school teachers and their stupid union. So Scott Walker, the young governor, has outfoxed the old, wily politicians, especially the Democrats and the likes of Richard Trumpka, president of the teachers’ union, AFL-CIO, who is behind these near riots and demonstrations in Madison and the fleeing of the lawmakers. 
Actions of Obama to make sure his re-election coffers are full now take a different turn. Realizing he can’t count on the unions any longer, he has turned to the Gay movement. :”What can I do for them to make them toss millions of dollars my way,” he asked his assistants. They came up with this plan that Gays and Lesbians are going to love. But the question is how long will the U.S. Congress sit idly by allowing a sitting president fracture and demolish Constitutional law? If my impulses are right, look for Congress to begin impeachment proceedings immediately – or until Obama desists in his devilish act of eliminating the Balance of Powers clause of the U.S. Constitution. Here is the ABC story on the illegal Obama action:
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President Obama Instructs Justice Department to Stop Defending Defense of Marriage Act calls Clinton-Signed Law “Unconstitutional”

February 23, 2011 12:39 PM
President Obama has instructed the Justice Department to stop defending the constitutionality of the Defense of Marriage Act, which has since 1996 allowed states to refuse to recognize same-sex partnerships legally recognized in other states.

The announcement was made in a letter from Attorney General Eric Holder to congressional leaders in relation to two lawsuits, Pedersen v. OPM and Windsor v. United States, which challenge a section of DOMA that defines marriage for federal purposes as only between one man and one woman.

President Obama believes that section – Section 3 — “is unconstitutional” given the Due Process Clause of the Fifth Amendment (including its equal protection component), Holder wrote, and the president has instructed the Department of Justice to no longer defend the law in those two lawsuits.
President Obama “has made the determination,” Holder wrote, that Section 3 “as applied to same-sex couples who are legally married under state law, violates the equal protection component of the Fifth Amendment.”
DOMA was passed by a Republican House and Senate and signed into law by Democratic President Bill Clinton in 1996. In application the law means same-sex couples are not afforded the same rights as straight couples when it comes to Social Security benefits, hospital visitation and other rights.
Following presidential precedent, the Obama administration has been defending the law even though President Obama has long opposed it.
But now, “under heightened scrutiny,” Holder wrote, the government’s ability to defend the law can no longer be made by “advancing hypothetical rationales, independent of the legislative record, as it has done in circuits where precedent mandates application of rational basis review.  Instead, the United States can defend Section 3 only by invoking Congress’ actual justifications for the law.”
That legislative record, Holder wrote, “contains discussion and debate that undermines any defense under heightened scrutiny.  The record contains numerous expressions reflecting moral disapproval of gays and lesbians and their intimate and family relationships – precisely the kind of stereotype-based thinking and animus the Equal Protection Clause is designed to guard against.”
Last month, then-White House press secretary Robert Gibbs said that “we can’t declare the law unconstitutional…The President believes, as you said, that this is a law that should not exist and should be repealed.  But we, at the same time, have to represent the viewpoint of the defendant.” Gibbs said that “given the current makeup of the Congress,” having DOMA repealed would be :inordinately challenging,”
President Obama told Holder that the Executive Branch of the government will continue to enforce Section 3 “consistent with the Executive’s obligation to take care that the laws be faithfully executed, unless and until Congress repeals Section 3 or the judicial branch renders a definitive verdict against the law’s constitutionality.  This course of action respects the actions of the prior Congress that enacted DOMA, and it recognizes the judiciary as the final arbiter of the constitutional claims raised.”
In Zanesville, OH, in June 2008, then-candidate Obama said DOMA “was a unnecessary imposition on what had been the traditional rules governing marriage and how states interact on the issues of marriage.”
“This is a monumental decision for the thousands of same-sex couples and their families who want nothing more than the same rights and dignity afforded to other married couples,” said Joe Solmonese, president of the Human Rights Campaign, an advocacy group for gays, lesbians, bisexuals and transgender individuals. Congressional leaders must not waste another taxpayer dollar defending this patently unconstitutional law. The federal government has no business picking and choosing which legal marriages they want to recognize.  Instead Congress should take this opportunity to wipe the stain of marriage discrimination from our laws.”
-Jake Tapper and Sunlen Miller
UPDATE:
A reminder that in June 2009, President Obama’s DOJ began its defense of the Defense of Marriage Act by invoking incest and adults marrying children.
This did not go over particularly well among some of the president’s supporters.
At a news conference in December of 2010, shortly after signing into law a repeal of the military’s ‘don’t ask don’t tell’ policy toward gay servicemembers, I asked the President if it was “intellectually consistent to say that gay and lesbians should be able to fight and die for this country, but they should not be able to marry the people they love?”
Gay marriage, he said, is an issue with which he struggles.
“My feelings about this are constantly evolving,” he said. “I struggle with this.  I have friends, I have people who work for me who are in powerful, strong, long-lasting gay or lesbian unions, and they are extraordinary people, and this is something that means a lot to them and they care deeply about.”
President Obama has instructed the Justice Department to stop defending the constitutionality of the Defense of Marriage Act, which has since 1996 allowed states to refuse to recognize same-sex partnerships legally recognized in other states.
The announcement was made in a letter from Attorney General Eric Holder to congressional leaders in relation to two lawsuits, Pedersen v. OPM and Windsor v. United States, which challenge a section of DOMA that defines marriage for federal purposes as only between one man and one woman.
President Obama believes that section – Section 3 — “is unconstitutional” given the Due Process Clause of the Fifth Amendment (including its equal protection component), Holder wrote, and the president has instructed the Department of Justice to no longer defend the law in those two lawsuits.
President Obama “has made the determination,” Holder wrote, that Section 3 “as applied to same-sex couples who are legally married under state law, violates the equal protection component of the Fifth Amendment.”
DOMA was passed by a Republican House and Senate and signed into law by Democratic President Bill Clinton in 1996. In application the law means same-sex couples are not afforded the same rights as straight couples when it comes to Social Security benefits, hospital visitation and other rights.
Following presidential precedent, the Obama administration has been defending the law even though President Obama has long opposed it.
But now, “under heightened scrutiny,” Holder wrote, the government’s ability to defend the law can no longer be made by “advancing hypothetical rationales, independent of the legislative record, as it has done in circuits where precedent mandates application of rational basis review.  Instead, the United States can defend Section 3 only by invoking Congress’ actual justifications for the law.”
That legislative record, Holder wrote, “contains discussion and debate that undermines any defense under heightened scrutiny.  The record contains numerous expressions reflecting moral disapproval of gays and lesbians and their intimate and family relationships – precisely the kind of stereotype-based thinking and animus the Equal Protection Clause is designed to guard against.”
Last month, then-White House press secretary Robert Gibbs said that “we can’t declare the law unconstitutional…The President believes, as you said, that this is a law that should not exist and should be repealed.  But we, at the same time, have to represent the viewpoint of the defendant.” Gibbs said that “given the current makeup of the Congress,” having DOMA repealed would be :inordinately challenging,”
President Obama told Holder that the Executive Branch of the government will continue to enforce Section 3 “consistent with the Executive’s obligation to take care that the laws be faithfully executed, unless and until Congress repeals Section 3 or the judicial branch renders a definitive verdict against the law’s constitutionality.  This course of action respects the actions of the prior Congress that enacted DOMA, and it recognizes the judiciary as the final arbiter of the constitutional claims raised.”
In Zanesville, OH, in June 2008, then-candidate Obama said DOMA “was a unnecessary imposition on what had been the traditional rules governing marriage and how states interact on the issues of marriage.”
“This is a monumental decision for the thousands of same-sex couples and their families who want nothing more than the same rights and dignity afforded to other married couples,” said Joe Solmonese, president of the Human Rights Campaign, an advocacy group for gays, lesbians, bisexuals and transgender individuals. Congressional leaders must not waste another taxpayer dollar defending this patently unconstitutional law. The federal government has no business picking and choosing which legal marriages they want to recognize.  Instead Congress should take this opportunity to wipe the stain of marriage discrimination from our laws.”
-Jake Tapper and Sunlen Miller
UPDATE:
A reminder that in June 2009, President Obama’s DOJ began its defense of the Defense of Marriage Act by invoking incest and adults marrying children.
This did not go over particularly well among some of the president’s supporters.
At a news conference in December of 2010, shortly after signing into law a repeal of the military’s ‘don’t ask don’t tell’ policy toward gay servicemembers, I asked the President if it was “intellectually consistent to say that gay and lesbians should be able to fight and die for this country, but they should not be able to marry the people they love?”
Gay marriage, he said, is an issue with which he struggles.
“My feelings about this are constantly evolving,” he said. “I struggle with this.  I have friends, I have people who work for me who are in powerful, strong, long-lasting gay or lesbian unions, and they are extraordinary people, and this is something that means a lot to them and they care deeply about.”
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