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Legal Commentary

: Althouse

Obama orders Justice Department to drop its defense of the Defense of Marriage Act.

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Politico reports:
?After careful consideration, including a review of my recommendation, the president has concluded that given a number of factors, including a documented history of discrimination, classifications based on sexual orientation should be subject to a more heightened standard of scrutiny,? [Attorney General Eric] Holder said in a statement.

?The president has also concluded that Section 3 of DOMA, as applied to legally married same-sex couples, fails to meet that standard and is therefore unconstitutional. Given that conclusion, the president has instructed the department not to defend the statute in such cases. I fully concur with the president?s determination.?
(Last fall, I was very critical of Obama's willingness to defend DOMA in the courts.)

ADDED: Watch me ? last October ? criticize Obama for fighting against gay rights in the courts:



Hmmm. October... Had to win some votes back then.

Full post as published by Althouse on February 23, 2011 (boomark / email).

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