Attorney General Eric Holder says the United States will continue to enforce the Defense of Marriage Act, but will not defend it in court because he and President Obama have decided it is unconstitutional.
I don't know about you, but I find it alarming when the President and the Attorney General get together and decide that a law is unconstitutional. Last I checked that was not their job. If this stands a precedent will be set that the President can now over turn any Supreme Court decision or just decide which laws are worth obeying. Can you say cafeteria constitutionalism?
In a bizarre letter, to John Boehner, the Attorney General opines that the DOMA violates the Fifth Amendment. You will recall that the Fifth Amendment protects people from having to testify against themselves in court, assures people accused of crimes of due process of law, and keeps private property from being taken without just compensation.
How this could have any bearing on DOMA boggles the mind, but that's why lawyers are paid the big bucks. CNS News explains it far more cogently than the Associated Press. In a nutshell, the Attorney General argues that there is no legal basis for government not recognizing a "marriage" between two men or two women. The only reason he can see is irrational and therefore discriminatory and discriminating irrationally against someone violates his or her implicit right to equal treatment under the law.
It's a stretch, but that's the gist of it. According to the Hon. Mr. Holder, Congress can defend the law if it wants to, seeing as how he has washed his hands of doing his job.
“…Even when the revolutionist might himself repent of his revolution, the traditionalist is already defending it as part of his tradition. Thus we have two great types—the advanced person who rushes us into ruin, and the retrospective person who admires the ruins.” GKC
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