Friday, July 22, 2011
Allegedly, opposing same-sex marriage is unconstitutional because Federal Judge Tauro, and President Obama through his administration's Department of Justice has declared the Defense of Marriage Act (DOMA), Section 3 to be unconstitutional, and will not defend it (though it will enforce it [sometimes]).
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President Obama taught Constitutional Law and therefore, both as President and as a Constitutional Law specialist (not Professor) his opinion, now as President of the USA, and with free Press coverage, can be very influential. Nevertheless, the Executive Office does not have the power to legislate (which is why it is called "Executive"). To say that DOMA is unconstitutional implies all the Congress members and President Clinton (also a Democrat) who voted to pass DOMA by bi-partisan majority only 16 years ago really don't know Constitutional Law.
ReplyDeleteAs it is becoming evident, it is President Obama who does not abide by Constitutional Law, or accepted legal procedures.
Instead, it is more reasonable to believe that President Obama was helped in his campaign towards the Presidency by the main political enemies of DOMA, and that he made pledges to them during his campaign. President Obama, through his administration's Department of Justice has been only pretending to defend DOMA in Federal Court, purposefully negligent of defending it properly. They believe they are modern day "heroes".
There is no Supreme Court ruling or precedent agreeing with President Obama's declaration of DOMA as unconstitutional. Defining "marriage" as the civil union of a man and a woman (one of each) has been found to be constitutional on many Supreme Court cases, as is referenced in another blog post, here.
FURTHER READING: SENATE TESTIMONY ON DEFENDING MARRIAGE (By Edward Whelan, July 19, 2011) Caché copy