Huzzah! In a surprise announcement this morning, the president ordered the Justice Department to stop enforcing the Defense of Marriage Act (DOMA), the long-reviled federal law that defines marriage as between a man and a woman.

Obama wrote a long letter about the decision, arguing that DOMA is unconstitutional. From the letter:

Much of the legal landscape has changed in the 15 years since Congress passed DOMA. The Supreme Court has ruled that laws criminalizing homosexual conduct are unconstitutional. Congress has repealed the military’s Don’t Ask, Don’t Tell policy. Several lower courts have ruled DOMA itself to be unconstitutional.

Sarah Shay Mirk reported on transportation, sex and gender issues, and politics at the Mercury from 2008-2013. They have gone on to make many things, including countless comics and several books.

4 replies on “Obama Says DOMA is Unconstitutional”

  2. Let’s be a little more specific. He asked the DoJ to stop enforcing Section 3, which pertains to federal recognition of marriages in states that already permit them. It just means someone married in Masse… Massachus… Iowa can now file taxes jointly, get SS benefits, etc. He made no mention of Section 2, which allows to states to ignore other states’ marriage laws.

    It’s a step in the right direction, but it’s not what everyone is reporting it to be. It’s a minor concession for people who are lucky enough to live in one of the few states that treat them as first-class citizens, and this isn’t one of them. (Thanks, Oregon!)

  3. Er, “enforcing” = “defending”

    Except they’re going to continue being party to the cases already in federal court, so I guess they’re going to play Washington Generals there.

  4. Section 2 is irrelevant though. It’s either unconstitutional (in which case it will eventually be struck down by the courts); or it’s constitutional (in which case it simply allows states to do what they would be doing anyway).

    Section 3 is where it’s at.

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