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1st Presidential Executive Order. Repeal DOMA.

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Rockholm Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-20-08 04:49 PM
Original message
1st Presidential Executive Order. Repeal DOMA.
After that, get rid of DADT. Then, I will be a happy fag and sit back & shut up.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-20-08 04:51 PM
Response to Original message
1. DOMA was an act of Congress
IT would take another act of Congress to repeal it.

Same with DADT.

Obama cannot repeal via executive order.
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cali Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-20-08 04:51 PM
Response to Original message
2. Can the President repeal DOMA with the stroke of a pen?
I believe that he can do that with DADT, don't know about DOMA, but don't think he can just get rid of it via executive order.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-20-08 04:55 PM
Response to Reply #2
6. DADT is federal law
Only the Congress can repeal with the president signing the repealing act afterwards.

It's covered under Pub.L. 103-160 (10 U.S.C. § 654).
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CreekDog Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-20-08 05:02 PM
Response to Reply #6
12. read responses below
Edited on Sat Dec-20-08 05:16 PM by CreekDog
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-20-08 05:07 PM
Response to Reply #12
13. DADT started as policy, but was codified into LAW
Pub.L. 103-160 (10 U.S.C. § 654)

Sorry, but DADT has to be repealed by Congress. There is currently an act before Congress that would do this, however, Obama has indicated an unwillingness to move forward with it until 2010.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-20-08 05:09 PM
Response to Reply #12
15. Title 10 of the United States code specificallly bans homosexuals from serving
it is a law.

So long as the law exists, Congress must repeal.
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Pab Sungenis Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-20-08 04:51 PM
Response to Original message
3. He can't do that.
It would take a bill in Congress to repeal DOMA.

He COULD get rid of DADT, though. But he won't.
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alwysdrunk Donating Member (908 posts) Send PM | Profile | Ignore Sat Dec-20-08 04:54 PM
Response to Reply #3
5. He will. But it won't be the first executive order
Obama has stated what his priorities are in terms of policy.
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-20-08 04:55 PM
Response to Reply #3
7. Congress codified DADT into law
Pub.L. 103-160 (10 U.S.C. § 654)
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cali Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-20-08 04:56 PM
Response to Reply #3
9. he will repeal DADT. And there's a simple reason why
there's huge popular support for doing so.
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democrattotheend Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-20-08 04:52 PM
Response to Original message
4. Can he do that by executive order?
I thought DOMA was legislation passed by Congress and signed into law by the president. So doesn't it take another law passed by Congress to repeal it?
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WeDidIt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-20-08 04:56 PM
Response to Reply #4
10. Nope, he can't
IT'll take an act of Congress to repeal both.
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CreekDog Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-20-08 04:56 PM
Response to Original message
8. An Executive Order won't repeal DOMA
Congress would have to do it or the courts would have to rule it unconstitutional.
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Rockholm Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-20-08 05:00 PM
Response to Original message
11. Well, that's a shame.
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Freddie Stubbs Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-20-08 05:08 PM
Response to Original message
14. Executive orders cannot repeal laws
Congress must repeal the law and the President can sign or vote that repeal.
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crappyjazz Donating Member (886 posts) Send PM | Profile | Ignore Sat Dec-20-08 05:10 PM
Response to Original message
16. Even if he could, I don't believe he would
Hey, I'm a poet and I wasn't aware of the situation
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