DOMA is Still Enforced in Its Entirety

[morningfog]

A point of clarification. DOMA is still "good law" and is still being enforced by federal agencies. When Obama instructed Holder to cease defending it in court because of the belief that it is unconstitutional, he also instructed Holder to continue to enforce DOMA. I have seen it misstated time and again. It is more than just semantics. This is not to criticize Obama, but to remind posters of the current reality.

I applaud Obama on his support of marriage equality, ending DADT and refusing to defend DOMA. But, we must be careful not to overstate actions. DOMA still rears its ugly head everyday.

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 heightened standard of scrutiny. 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 Windsor and Pedersen, now pending in the Southern District of New York and the District of Connecticut. I concur in this determination.

Notwithstanding this determination, the President has informed me that Section 3 will continue to be enforced by the Executive Branch. To that end, the President has instructed Executive agencies to continue to comply with Section 3 of DOMA, consistent with the Executive’s obligation to take care that the laws be faithfully executed, unless and until Congress repeals Section 3 or the judicial branch renders a definitive verdict against the law’s constitutionality. This course of action respects the actions of the prior Congress that enacted DOMA, and it recognizes the judiciary as the final arbiter of the constitutional claims raised.
http://www.justice.gov/opa/pr/2011/February/11-ag-223.html

[bigtree]

1. how do you 'enforce' a federal law that the government won't defend in court?

I don't know anything worth a spit on this, but it just doesn't add up to 'enforcement'.

[morningfog]

3. It is enforced in that same-sex couples are still denied all the federal

benefits that hetero couples are entitled to. The challenges to DOMA as unconstitutional, in the courts, no longer relieve the support of the DOJ in their defense.

The law is still on the books and enforced. The legal challenges are not defended by the DOJ.

[bigtree]

10. that's because the law still hasn't been overturned

I'm not sure the administration has the authority to negate every aspect of the law, but they have gone as far to say they won't defend it in court. That's where folks are working to arbitrate the law. I'm not sure how the administration orders others to ignore it. That would be fine with me, but I can see that notion of an executive willfully ignoring the law and encouraging others in government to do so as a bit of what we were protesting the last administration over. I do wish we could resolve this further though. I'd certainly like to see some solutions which are more straightforward than challenging every instance where DOMA is instituted by some agency or some government entity, but I think the thing needs to be repealed outright for some clear protection against people out there trying to institute it.

[morningfog]

11. That is my point.

It has been repeatedly overstated as a success and that it is no longer enforced. Still much to be done.

[bigtree]

14. oh, hell yes

we're still vulnerable to the law from many, many avenues. It's a cancer.

[SunsetDreams]

24. agreed

It needs to be extinguished NOW!

[Ms. Toad]

25. If I live in a state which recognizes my right to marry

(I don't, unfortunately - but if I did), here are two concrete examples of enforcement:

I have to pay federal taxes on the health care my spouse receives from my employer because our marriage is not recognized. If I fail to report that "income" on my tax return, I am subject to all sorts of penalties ranging from interest to penalties for filing a fraudulent tax return.

If my spouse dies and I apply for spousal benefits under the Social Security system, I am denied coverage.

In all cases but same gender marriage, state recognition of a marriage is what triggers federal rights. So every time I am denied a benefit solely because the federal government does not recognize a marriage which the state in which I live does, that is enforcement.

[xchrom]

2. Du rec. Nt

[Capt. Obvious]

4. Link drone on the way

Rec. People should know this.

[Bolo Boffin]

5. "consistent with the Executive’s obligation to take care that the laws be faithfully executed"

Obama isn't a dictator. He's a President of a constitutional republic.

[morningfog]

6. I never suggested otherwise. I am posting for clarity's sake.

DOMA is still enforced.

[Capt. Obvious]

7. How dare you!

[Bolo Boffin]

8. Your actions couldn't be more clear. n/t

[morningfog]

9. Say what you mean.

I support marriage equality. I support President Obama on this issue. I am hoping to see more actions. I am clarifying a commonly misunderstood issue.

[Bolo Boffin]

12. Who asked you to "clarify" anything?

Was there anyone here who wasn't clear on the difference between enforcing DOMA and defending it in court? We got that all ironed out back when the announcement was made that the Obama Administration was no longer defending DOMA in court.

And now you're "clarifying" it again. Well, thanks ever so.

[morningfog]

15. I have corrected several posters since Obama's announcement this week.

And, you are welcome, despite your snide insinuations.

[Bolo Boffin]

16. If we didn't have people like you correcting us on these things, whatever would we do?

Such a valuable service you provide.

[morningfog]

18. I'm sorry that you prefer people overstate and misrepresent.

But, then again, that is what I have seen you do quite often. No wonder you feel some kind of discomfort from the truth.

[Bolo Boffin]

22. "But, then again, that is what I have seen you do quite often."

Thank you for your concern. It does my heart such good to know you are watching out for me in your short time here at DU.

Alas, I feel no discomfort from the truth. As I pointed out, the truth is Barack Obama is obligated to enforce the laws and is not obligated to defend them in court when he considers them unconstitutional. That's the truth.

[morningfog]

28. I presented nothing but truth as well.

DOMA is still enforced while not defended in courts. You chose to make snide comments, I returned the favor.

[obamanut2012]

27. There is nothing wrong with Morningfog's OP

It is neither attacking nor smearing our President.

I, too, have seen quite a few DUers not "getting" this about DOMA.

[SunsetDreams]

20. links?

[morningfog]

21. Seriously?

You can run searches. I corrected a couple last night. I'd rather not call them out for their misunderstanding.

[SunsetDreams]

23. Is it something that you've found is a wide misunderstanding?

or just a couple of posters in your experience? I seriously thought that everyone knew that Section 3 of DOMA was still being enforced even though it was not being defended in court. I hope that everyone also knows that the President can't just declare any law as unconstitutional and then decide not to enforce it at will. That would set up a really bad precedent and could be viewed as a Dictatorship and not a Democracy. There is a reason for separation of powers. It has to make it's way through congress on repeal or be declared unconstitutional by the Judicial Branch.

[Ms. Toad]

26. Umm...

Try the first person to respond to the OP:

http://www.democraticunderground.com/?com=view_post&forum=1002&pid=674018

[BlueIris]

13. I hate DOMA.

I find it disturbing we have such a thing here in the U.S., in 2012.

[vaberella]

17. I thought everyone knew this. That's why Obama has been pushing for DOMA repeal. n/t

[morningfog]

19. I thought everyone knew it, too. But several posters have been stating otherwise.

They are probably just confused or careless with their language.