Wednesday, February 23, 2011

Breaking News: Feds stop fighting gay marriage

Posted By on Wed, Feb 23, 2011 at 11:22 AM

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This just in from the New York Times: The federal government will cease defending the Defense of Marriage Act against Constitutional challenges. This paves the way for married gay couples in states that recognize same-sex marriage to gain federal recognition, and the benefits that come with it.

From the NYT:

Justice Department to Stop Defending Federal Law on Gay Marriage

President Obama, in a major legal policy shift, has directed
the Justice Department to stop defending the Defense of
Marriage Act - the 1996 law that bars federal recognition of
same-sex marriages - against lawsuits challenging it as
unconstitutional.

Attorney General Eric H. Holder Jr. on Wednesday sent a
letter to Congress to inform them that the Justice Department
will now take the position in court that the Defense of
Marriage Act should be struck down as a violation of gay
couples' rights to equal protection under the law.

"The President and I have concluded that classifications
based on sexual orientation warrant heightened scrutiny and
that, as applied to same-sex couples legally married under
state law" a crucial provision of the Defense of Marriage Act
is unconstitutional, Mr. Holder wrote.

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