Posts Tagged ‘DOMA’

Rep. Trent Franks Would Support Impeaching Obama Over DOMA

Thursday, March 3rd, 2011

Gay CoupleFor the hard right, there is no shortage of reasons to impeach President Obama.
Last year, Rep. Lamar Smith (R-TX) hinted at impeaching the president over the issue of immigration, saying that Obama was “awfully close” to violating his oath of office. Rep. Tim Walberg (R-MI) followed up by threatening impeachment proceedings against Obama because of the phantom “birth certificate” issue.
Now, in the right’s furor over the administration’s announcement that it will not defend the constitutionality of Section 3 of the Defense of Marriage Act (DOMA), Rep. Trent Franks (R-AZ) is calling for Obama to be impeached.
After the Arizona Republican advocated defunding the Department of Justice if it does not defend Section 3 of DOMA – “I would support that in a moment,” remarked Franks – he went on to say that he would “absolutely” favor impeaching President Obama and Attorney General Eric Holder if such a move “could gain collective support”:

KEYES: What recourse does Congress have? Could you, for instance, defund the Department of Justice if they don’t reverse course and start to enforce the Defense of Marriage Act?

FRANKS: That’s probably the strongest leverage that we have. [...]

KEYES: Is defunding, using that threat of defunding DOJ, something you would support?

FRANKS: Absolutely. I would support that in a moment. [...]

KEYES: I know Newt Gingrich has came out and said if they don’t reverse course here, we ought to be talking about possibly impeaching either Attorney General Holder or even President Obama to try to get them to reverse course. Do you think that is something you would support?

FRANK: If it could gain the collective support, absolutely. I called for Eric Holder to repudiate the policy to try terrorists within our civil courts, or resign. So it just seems like that they have an uncanny ability to get it wrong on almost all fronts.

Franks is not alone in his impeachment-zeal. GOP presidential candidates Newt Gingrich and Herman Cain have both hinted at impeaching Obama if he does not back down on DOMA, with Cain saying Obama’s refusal to defend DOMA is “bordering on treason.” Gingrich, who helped lead the 1998 impeachment of President Bill Clinton, immediately backtracked on the impeachment issue.
from Think Progress
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Gay Couple
Obama Administration No Longer To Defend Federal Marriage Act

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Obama Administration No Longer To Defend Federal Marriage Act

Wednesday, February 23rd, 2011

Gay CoupleWASHINGTON – In a major policy reversal, the Obama administration said Wednesday that it will no longer defend the constitutionality of a federal law banning recognition of same-sex marriage.
Attorney General Eric Holder said President Barack Obama has concluded that the administration cannot defend the federal law that defines marriage as only between a man and a woman. He noted that the congressional debate during passage of the Defense of Marriage Act “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 (Constitution’s)Equal Protection Clause is designed to guard against.”
The Justice Department had defended the act in court until now.
“Much of the legal landscape has changed in the 15 years since Congress passed” the Defense of Marriage Act, Holder said in a statement. He noted that the Supreme Court has ruled that laws criminalizing homosexual conduct are unconstitutional and that Congress has repealed the military’s “don’t ask, don’t tell” policy.
Holder wrote to House Speaker John Boehner, R-Ohio, that Obama has concluded the Defense of Marriage Act fails to meet a rigorous standard under which courts view with suspicion any laws targeting minority groups who have suffered a history of discrimination.
The attorney general said the Justice Department had defended the law in court until now because the government was able to advance reasonable arguments for the law based on a less strict standard.
At a December news conference, in response to a reporters’ question, Obama revealed that his position on gay marriage is “constantly evolving.” He has opposed such marriages and supported instead civil unions for gay and lesbian couples. The president said such civil unions are his baseline – at this point, as he put it.
“This is something that we’re going to continue to debate, and I personally am going to continue to wrestle with going forward,” he said.
from The Associated Press

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