Friday, February 25, 2011

President Obama's DOMA Decision

On Wednesday this week, President Obama's Attorney General Eric Holder issued a letter to the House stating that the administration would no longer defend the 1996 Defense of Marriage Act (DOMA) because the act violates equal rights protection under the constitution.

In an editorial published in the Washington Post on Thursday, the author concedes that while the decision is a victory for homosexual citizens and gay rights activists, the administration's methods for getting the issue pushed are risky, and could possibly have unwanted effects for Obama in the future.
When claiming the argument that DOMA "relegates the nation's gay and lesbian citizens to second-class status" the article's author cites the very cases that have incited Obama and Holder to reject DOMA: Edith Winsdor in New York, and Gerald Passaro of Connecticut, who both brought complaints against DOMA because they had experienced marriage rights discrimination when they expected their legal marriages to be upheld.
While the author seems to be on Obama's side on this, and on the fact that DOMA violates the citizen's equal protections under the 5th amendment, he or she does not show thorough investigation of this claim. Rather he proclaims Obama's decision correct "as a matter of policy, and simple decency", simply praising the decision rather than providing his readership with evidence or logic to support that. That's not to say that I don't entirely agree with the position (because I do), merely it seems that the author isn't making a claim substantial enough for his own side.
Following this, however, the author makes the most important of his arguments. He perceives that the  Obama administration's chosen method for pushing the issue comes with certain "potential pit-falls", most notably the decision to order the Justice Department to continue defending DOMA legislation in its' decisions because it is still a duly-enacted law. Other writers who are condemning the administrations move have contended that Obama is actually over-stepping his power by officially arguing against DOMA in the first place, while this author seems to downplay the idea that DOMA is still enacted law and must be upheld.

The author's law argument seems to be the most salient, however. The author's values (his/her support of gay rights and objection to DOMA) may be getting in the way of his objectivity a few times in the article, but when it is suggested that the president would have been better off working with Congress to get the law taken out of the books in order to eliminate its' discriminatory effects, I couldn't agree more.

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