UPDATE: Show Obama you beggarly business, accord to AMERICAblog.
UPDATE: Former top abettor to President Clinton says DOJ had a choice, they did not accept to book a abrupt in favor of DOMA.
UPDATE: Mormon Bush holdover helped abode and book anti-gay DOMA brief.
UPDATE: Gay groups rip Obama.
UPDATE: Are gay politicians activity to abide hosting gay pride fundraiser for Joe Biden?
UPDATE: Obama agent bent lying to Politico.
Joe and I accept been aggravating aback aftermost night to get a archetype of the government’s abrupt aloof filed in this case. This is not the GLAD case that we’ve accounting about previously, it’s addition in California.
We aloof got the abrupt from clairvoyant Lavi Soloway. It’s appealing despicable, and chargeless phobic. It reads as if it were accounting by one of George Bush’s top political appointees. I cannot accompaniment acerb abundant how damaging this abrupt is to us. Obama didn’t aloof altercate a technicality about the case, he argued that DOMA is reasonable. That DOMA is constitutional. That DOMA wasn’t motivated by any anti-gay animus. He argued why our Supreme Cloister victories in Romer and Lawrence shouldn’t be interpreted to accord us rights in any added breadth (which hurts us in endless added cases and battles). He argued that DOMA doesn’t discriminate adjoin us because it additionally discriminates about beeline bachelor couples (ignoring the actuality that they can get affiliated and we can’t).
He absolutely argued that the courts shouldn’t accede Loving v. Virginia, the amalgam case in which the Supreme Cloister disqualified that it is actionable to ban interracial marriages, aback attractive at gay civilian rights cases. He told the court, in essence, that blacks deserve added civilian rights than gays, that our civilian rights are not on the aforementioned level.
And afore Obama claims he didn’t accept a choice, he had a choice. Bush, Reagan and Clinton all filed briefs in cloister opposing accustomed federal law as actuality actionable (we’ll be announcement added about that later). Obama could accept done the same. But instead he chose to avert DOMA, asperse our civilian rights, go aback on his promises, and belie his own statements that DOMA was “abhorrent.” Folks, Obama’s attorneys are alike aggravating to abate the appulse of Romer and Lawrence, our alone two big Supreme Cloister victories. Obama is absolutely absolutely antibacterial our civilian rights assets with this brief. He’s demography us bottomward for his own benefit.
Holy cow. Obama invoked incest and bodies marrying children.
The courts accept followed this principle, moreover, in affiliation to the ascendancy of marriages performed in added States. Both the Aboriginal and Additional Restatements of Conflict of Laws admit that Accompaniment courts may debris to accord aftereffect to a marriage, or to assertive incidents of a marriage, that abjure the appointment State’s policy. See Restatement (First) of Conflict of Laws § 134; Restatement (Second) of Conflict of Laws § 284.5 And the courts accept broadly captivated that assertive marriages performed abroad charge not be accustomed effect, because they conflicted with the accessible action of the forum. See, e.g., Catalano v. Catalano, 170 A.2d 726, 728-29 (Conn. 1961) (marriage of uncle to niece, “though accurate in Italy beneath its laws, was not accurate in Connecticut because it contravened the accessible action of th[at] state”); Wilkins v. Zelichowski, 140 A.2d 65, 67-68 (N.J. 1958) (marriage of 16-year-old changeable captivated invalid in New Jersey, behindhand of ascendancy in Indiana breadth performed, in ablaze of N.J. action reflected in statute acceptance developed changeable to defended abatement of her arrears marriage); In re Mortenson’s Estate, 316 P.2d 1106 (Ariz. 1957) (marriage of aboriginal cousins captivated invalid in Arizona, admitting accurately performed in New Mexico, accustomed Arizona action reflected in statute declaring such marriages “prohibited and void”).
Then in the aing paragraph, they altercate that the incest and adolescent abduction cases accordingly accomplish DOMA constitutional:
The actuality that States accept continued had the ascendancy to abatement to accord aftereffect to marriages performed in added States based on the appointment State’s accessible action acerb supports the amends of Congress’s exercise of its ascendancy in DOMA.
Here is the absolute document, and beneath are added excerpts:Obama’s Motion to Dismiss Alliance case http://d.scribd.com/ScribdViewer.swf?document_id=16355867&access_key=key-1imfup80kg4qowe2io3r&page=1&version=1&viewMode=
DOMA is acceptable because it saves the admiral money
“The built-in accordance of Congress’s accommodation to abatement to extend federal allowances anon to anew accustomed types of marriages is stered by Congress’s articulate absorption in attention the deficient assets of both the federal and Accompaniment governments. DOMA ensures that evolving understandings of the academy of alliance at the Accompaniment akin do not abode greater banking and authoritative obligations on federal and accompaniment allowances programs. Attention deficient government assets — and chief to extend allowances incrementally — are well-recognized accustomed interests beneath rational-basis review. See Butler, 144 F.3d at 625 (“There is annihilation aberrant about Congress’s declared ambition of attention amusing aegis resources, and Assembly can incrementally accompany that goal.”); Hassan v. Wright, 45 F.3d 1063, 1069 (7th Cir. 1995) (“[P]rotecting the fisc provides a rational base for Congress’ band cartoon in this instance.”). Assembly especially relied on these interests in assuming DOMA: Government currently provides an arrangement of absolute and added allowances to affiliated couples in an accomplishment to promote, protect, and adopt the academy of marriage. . . . If [a State] were to admittance uals to marry, these conjugal allowances would, absent some aldermanic response, apparently accept to be fabricated accessible to ual couples and absolute spouses of ual marriages on the aforementioned agreement as they are now accessible to opposite- affiliated couples and spouses. To abjure federal acceptance to same- marriages will appropriately bottle deficient government resources, absolutely a accustomed government purpose.”
DOMA is built-in (thus blame us on any approaching lawsuits):
The amends of Section 2 of DOMA is added accustomed by the additional book of the Full Faith and Credit Clause, which especially empowers Assembly to appoint “the Effect” to be accorded to the laws of a sister State. See U.S. Const. art. IV, § 1, cl. 2. Although the ample contours of this accouterment accept not been absolutely established, the adeptness acclimatized by Assembly in assuming DOMA acutely conforms to any believable architecture of the furnishings provision….
Under this view, Assembly acutely acted aural its absolute furnishings adeptness in assuming Section 2 of DOMA. If the Constitution itself does not acknowledge “the effect” of the law of “one accompaniment in addition state,” McElmoyle, 38 U.S. (13 Pet.) at 325, but instead leaves that “power in congress,” Mills, 11 U.S. (7 Cranch) at 485, again Assembly acutely had the ascendancy in DOMA to acknowledge that no Accompaniment is “required to accord effect” to the same- alliance laws of added States. 28 U.S.C. § 1738C.
“DOMA Is Constant with According Aegis and Due Action Principles.” This is important because it agency that Obama wasn’t agreeable to artlessly argue, based on technicalities, that this case should be befuddled out. He went out of his way to altercate that DOMA is absolutely constitutional, and again went into detail antibacterial every distinct built-in altercation we accept for opposing DOMA in court. This will spiral us on every accusation we book on every gay issue, in every accessible action agitation we accept in the states on any gay issue.
DOMA Is Constant with According Aegis and Due Action Attempt Plaintiffs added adduce that DOMA violates their rights beneath the Due Action Clause of the Fifth Amendment, including its according aegis component. DOMA, however, alone preserves for anniversary Accompaniment the ascendancy to chase its own law and action with account to same- alliance for purposes of Accompaniment law. And it maintains the cachet quo of federal policy, attention a longstanding federal action of announcement acceptable marriages, by allegorical that the agreement “marriage” and “spouse,” for purposes of federal law, accredit to alliance amid a man and a woman, and do not beset relationships of any added affectionate aural their ambit. Thus, because DOMA does not accomplish a doubtable allocation or accuse a adapted that has been accustomed as fundamental, it is necessarily accountable to rational-basis scrutiny, see Civic Ass’n for Advancement of Psychoanalysis v. California Bd. of Psychology, 228 F.3d 1043, 1049 (9th Cir. 2000), which it satisfies.
Gays accept no built-in adapted to marriage, or acceptance of their marriages by added states:
Plaintiffs are married, and their claiming to the federal Defense of Alliance Act (“DOMA”) poses a altered set of questions: whether by advantage of their conjugal cachet they are constitutionally advantaged to acceptance of their abutment by States that do not admit same- marriage, and whether they are analogously advantaged to assertive federal benefits. Beneath the law bounden on this Court, the acknowledgment to these questions charge be no.
Praises DOMA as “cautiously limited”
DOMA reflects a carefully bound acceptance to society’s still-evolving compassionate of the academy of marriage.
Sounds to me like Obama aloof came out adjoin the Loving v. VA case that ensured that bodies like his parents could marry
On the merits, plaintiffs’ claims that DOMA violates the Full Faith and Credit Clause and their “right to travel” both abort as a amount of law. In acceptance anniversary Accompaniment to abstain its acceptance of same- marriages performed in added jurisdictions, Assembly was alone acknowledging longstanding conflict-of-laws attempt in a accurate exercise of its accurate adeptness to achieve such questions beneath the Full Faith and Credit Clause. That Clause ensures that anniversary Accompaniment retains the ascendancy to abatement to administer addition State’s law aback it conflicts with its own accessible policies. DOMA is absolutely constant with that built-in principle, as it permits States to agreement with and advanced the exclusivity of their own accustomed accessible behavior — such as whether that Accompaniment chooses to admit or adios same- marriages.
Gays don’t deserve aforementioned analysis in cloister that added minorities get
Because DOMA does not bind any rights that accept been accustomed as axiological or await on any doubtable classifications, it charge not be advised with acute scrutiny. Properly understood, the adapted at affair in this case is not a adapted to marry. After all, the federal government does not, either through DOMA or any added federal statute, affair alliance licenses or actuate the standards for who may or may not get married. Indeed, as acclaimed aloft — and as apparent by the actuality that plaintiffs accept affiliated in California — DOMA in no way prohibits same- couples from marrying. Instead, the alone adapted at affair in this case is a adapted to accept assertive allowances on the base of a same- marriage. No cloister has anytime begin such a adapted to federal allowances on that base to be axiological — in fact, all of the courts that accept advised the catechism accept alone such a claim. (And alike if the adapted at affair in this case were the adapted to same- marriage, accustomed Supreme Cloister antecedent that binds this Cloister does not admit such a adapted beneath the Constitution.) Likewise, DOMA does not discriminate, or admittance the States to discriminate, on the base of a doubtable classification; indeed, the Ninth Circuit has captivated that animal acclimatization is not a doubtable classification.
Argues Republican position on how board should analysis cases
DOMA accordingly charge be analyzed beneath rational-basis review. Beneath the awful civil rational base standard, moreover, a cloister may not act as superlegislature, sitting in acumen on the acumen or chastity of a aldermanic policy. Instead, a aldermanic action charge be upheld so continued as there is any analytic believable set of facts that could accommodate a rational base for it, including ones that the Assembly itself did not advanced or consider. DOMA satisfies this standard.
The askance argumentation of this branch is sickening. Pat Robertson could accept accounting this:
Likewise, Section 3 of DOMA alone clarifies that federal action is to accomplish assertive allowances accessible alone to those bodies affiliated in heteroual marriage, as adjoin to any added accessible accord authentic by law, family, or affection. As a result, gay and lesbian individuals who affiliate in alliance are denied no federal allowances to which they were advantaged above-mentioned to their marriage; they abide acceptable for every account they enjoyed beforehand. DOMA artlessly provides, in effect, that as a aftereffect of their same- alliance they will not become acceptable for the set of allowances that Assembly has aloof alone to those who are accompanying by the bonds of heteroual marriage. In short, then, the abortion in this abode to admit a assertive subset of marriages that are accustomed by a assertive subset of States cannot be taken as an contravention on plaintiffs’ rights, alike if same- alliance were accustomed as a axiological adapted beneath the Constitution.
DOMA is a acceptable thing:
It adopts on the civic level, and permits on the accompaniment level, a wait-and-see access to new forms of marriage. DOMA appropriately maximizes autonomous adaptability beneath our federalist scheme, by artlessly preventing some States from acute added States and the federal government to admission allowances to forms of marriages that, beneath their own constitutions, accompaniment or federal governments are not answerable to recognize. Because it is rationally accompanying to accustomed authoritative interests, plaintiffs cannot affected the “presumption of constitutionality” that DOMA, like all federal statutes, enjoys.
DOMA is rational and constitutional:
Its alert accommodation artlessly to advanced the federal cachet quo while attention the adeptness of States to agreement with new definitions of alliance is absolutely rational. Assembly may after adjudge to extend federal allowances to same- marriages, but its accommodation to assets acumen on the catechism does not cede any differences in the availability of federal allowances aberrant or unconstitutional.
Provides acknowledged altercation adjoin gays’ adapted to privacy:
Second, the adapted to aloofness encompasses alone rights that are constitutionally fundamental, and, as acclaimed earlier, the adapted to accept allowances on the base of same- alliance (as able-bodied as same- alliance itself) has not been accustomed by the courts as a axiological right.
It’s reasonable and rational for Assembly to avert “traditional” alliance – in fact, DOMA was absolute a actual “neutral” law, rather than anti-gay:
Section 3 of DOMA reflects aloof such an approach: it maximizes autonomous adaptability and self-governance beneath our federalist system, by adopting a action of federal neutrality with account to a amount that is primarily the affair of accompaniment government. Because all 50 States admit heteroual marriage, it was reasonable and rational for Assembly to advanced its longstanding action of adopting this acceptable and universally-recognized anatomy of marriage. At the aforementioned time, because Assembly accustomed both the abandon of States to aggrandize the acceptable definition, and the abandon of added States to abatement to admit this newer anatomy of marriage, a action of neutrality dictated that Assembly not extend federal allowances to new forms of alliance accustomed by some States.
Again, Obama seems to states accept the adapted to ban blacks from marrying whites:
[T]he accessible action doctrine, which has continued accustomed the absolute ascendancy of the States to abatement to accord aftereffect to the laws of a sister Accompaniment at about-face with their own accustomed accessible policy. Section 2 of DOMA alone confirms the specific account of that longstanding assumption in the ambience of laws apropos same- marriage.
DOMA is absolutely rational
Congress makes a advanced arrangement of federal banking and added allowances accessible to men and women affiliated in alliance — to the exclusion of all added animal relationships (save for that of ancestor and accessory child), not aloof same- marriage. In assuming DOMA, Assembly (1) accustomed the adapted of some States to aggrandize the acceptable compassionate of alliance while, at the aforementioned time, it (2) adequate the rights of added States to attach to their acceptable understandings of the institution, and (3) maintained the longstanding federal action of affording allowances to the traditional, and universally recognized, adaptation of marriage. This abstinent acceptance to society’s evolving understandings of alliance is absolutely rational. Indeed, beneath rational base scrutiny, Assembly is advantaged to acknowledge to new amusing phenomena one footfall at a time, and to acclimatize civic action incrementally. DOMA reflects aloof such a response.
DOMA wasn’t motivated by a acrimony of gays, silly.
Under our federalist system, attention the abandon of accompaniment and federal governments to abode evolving definitions of an age-old civic academy is itself a accustomed authoritative interest. Moreover, because DOMA adequate “the adeptness of adopted admiral to adjudge affairs accompanying to uality,” including their adapted to admit same- marriage, it audibly was not built-in alone as a aftereffect of acrimony appear uals.
Please don’t abash the gays with the blacks, and added “real” marriages:
Finally, behindhand of whether same- alliance is adapted policy, beneath accustomed acknowledged antecedent there is no built-in adapted to it, and that antecedent is bounden on these parties and this Court. While the Supreme Cloister has captivated that the adapted to ally is “fundamental,” Zablocki v. Redhail, 434 U.S. 374, 383-87, 98 S. Ct. 673, 54 L.Ed.2d 618 (1978), that adapted has not been captivated toencompass the adapted to ally addition of the aforementioned . To the contrary, in Baker v. Nelson, the Supreme Cloister absolved a affirmation that the Constitution provides a adapted to same- alliance for abridgement of a “substantial federal question.” 409 U.S. 810, 93 S. Ct. 37, 34 L.Ed.2d 65 (1972) (Mem). In Baker, the Minnesota Supreme Cloister had alone the altercation that a Accompaniment statute attached alliance to one man and one woman abandoned federal due action and according aegis principles. The cloister begin no “fundamental right” to same- marriage, 191 N.W.2d at 186-87, and assured that the acceptable analogue of alliance furnishings no “invidious discrimination,” and that the analogue calmly withstood rational-basis review. Id. at 187.
DOMA infringes on nobody’s rights
In short, therefore, DOMA, accustomed for what it absolutely does, infringes on no one’s rights, and in all contest it infringes on no adapted that has been constitutionally adequate as fundamental, so as to allure acute scrutiny.
DOMA doesn’t discriminate adjoin gays – all they accept to do to get the allowances is get married… to addition of the adverse ! (This is an altercation Obama blanket accurately from the religious right.)
Plaintiffs additionally advanced that DOMA discriminates on the base of animal orientation, in abuse of their adapted to the according aegis of the law, see Complaint, ¶ 20, but DOMA is not accountable to acute analysis on that basis. As an antecedent matter, plaintiffs misperceive the attributes of the band that Assembly has drawn. DOMA does not discriminate adjoin uals in the accouterment of federal benefits. To the contrary, bigotry on the base of animal acclimatization is banned in federal application and in a advanced arrangement of federal allowances programs by law, regulation, and Executive order…. Section 3 of DOMA does not analyze amid bodies of altered animal orientations, but rather it banned federal allowances to those who accept entered into the acceptable anatomy of marriage.
Please don’t analyze gay marriages to inter-racial marriages
Loving v. Virginia is not to the contrary. There the Supreme Cloister alone a altercation that the assertedly “equal application” of a statute prohibiting interracial alliance immunized the statute from austere scrutiny. 388 U.S. 1, 8, 87 S.Ct. 1817, 18 L.Ed.2d 1010 (1967). The Cloister had little adversity absolute that the statute, which activated alone to “interracial marriages involving white persons,” was “designed to advanced White Supremacy” and accordingly unconstitutional. Id. at 11. No commensurable purpose is present here, however, for DOMA does not seek in any way to advanced the “supremacy” of men over women, or of women over men. Appropriately DOMA cannot be “traced to a . . . purpose” to discriminate adjoin either men or women. Personnel Adm’r v. Feeney, 442 U.S. 256, 272, 99 S. Ct. 2282, 60 L.Ed.2d 870 (1979). In advancement the acceptable analogue of marriage, abundant courts accept especially alone an declared affinity to Loving.
DOMA is absolute reasonable
In ablaze of society’s still evolving compassionate of marriage, the statute adopted what amounted to a alert action of federal neutrality appear a new anatomy of marriage. DOMA maintains federal behavior that accept continued approved to advanced the acceptable and uniformly-recognized anatomy of marriage, recognizes the adapted of anniversary Accompaniment to aggrandize the acceptable analogue if it so chooses, but declines to astrict federal taxpayers in added States to angel a anatomy of alliance their own States do not recognize. This action of neutrality maximizes accompaniment abandon and autonomous self-governance in an breadth of acceptable accompaniment concern, and preserves deficient government resources. It is appropriately absolutely rational.
DOMA is reasonable and rational
Section 3 of DOMA reflects aloof such an approach: it maximizes autonomous adaptability and self-governance beneath our federalist system, by adopting a action of federal neutrality with account to a amount that is primarily the affair of accompaniment government. Because all 50 States admit heteroual marriage, it was reasonable and rational for Assembly to advanced its longstanding action of adopting this acceptable and universally-recognized anatomy of marriage. At the aforementioned time, because Assembly accustomed both the abandon of States to aggrandize the acceptable definition, and the abandon of added States to abatement to admit this newer anatomy of marriage, a action of neutrality dictated that Assembly not extend federal allowances to new forms of alliance accustomed by some States. Accustomed the backbone of aggressive aesthetics on this still-evolving issue, Assembly could analytic adjudge that federal allowances adjourned by taxpayers throughout the nation should not be acclimated to advance a anatomy of alliance that alone some States recognize, and that added States do not.
We wouldn’t appetite the gays demography all of our money
DOMA ensures that evolving understandings of the academy of alliance at the Accompaniment akin do not abode greater banking and authoritative obligations on federal and accompaniment allowances programs. Attention deficient government assets — and chief to extend allowances incrementally — are well-recognized accustomed interests beneath rational-basis review.
Obama was accomplishing us a favor
On plaintiffs’ view, alike admitting Assembly was beneath no absolute built-in obligation to admit same- alliance afore any Accompaniment did so, already a distinct Accompaniment legalized same- marriage, according aegis attempt allowable that Assembly extend federal allowances to such marriages, or abjure them from all marriages. No built-in principle, however, mandates such a result, which is fundamentally at allowance with our federalist arrangement of disconnected sovereignty, and which could be a abundant bridle for States to admit new rights and privileges as affairs evolve.
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