- Join the France 24 community here
- Log in
Latest update: 24/02/2011
- Barack Obama - homosexuality - marriage - USA
Ban on gay marriages may be unconstitutional, Obama says
US President Barack Obama on Wednesday called for a review of the constitutionality of a federal law defining marriage as being only between a man and a woman, opening the door for the provision to be struck down in court.
By News Wires (text)
REUTERS - President Barack Obama has determined that a federal law that barred gay marriages was unconstitutional and told government lawyers to stop defending it in court, the U.S. Justice Department said on Wednesday, a move that will likely anger some conservative voters.
A U.S. judge had ruled that a key provision of the 1996 Defense of Marriage Act (DOMA) banning gay marriages was unconstitutional, but the administration had appealed, stating that it was obligated to defend federal laws when challenged.
The hot-button issue of same-sex marriage is the focus of a number of judicial and political battles. It is banned in most of the nation and legal only in the District of Columbia and five states -- Connecticut, Massachusetts, Iowa, New Hampshire and Vermont, although some states allow same-sex civil unions.
Obama decided that provision was unconstitutional and instructed Attorney General Eric Holder, who conducted a review of the law and gave him a recommendation, to stop defending it in federal court.
"While both the wisdom and the legality of Section 3 of DOMA will continue to be the subject of both extensive litigation and public debate, this administration will no longer assert its constitutionality in court," Holder said in a statement.
The judge in Boston had found that the federal law defining marriage as between a man and a woman, effectively barring gay marriages, violated the U.S. Constitution's provisions granting equal protection under the law and protecting states' rights.
Holder did say that the administration would continue to enforce the law until it was either repealed or struck down.
The decision by Obama won immediate praise from gay rights groups who traditionally backed him but were angry that his administration was defending the law.
Read more
‘Darth Vader’ demands free land from Ukrainian government
Browse all editions
React to the article
(3) Reactions
banning gay marriage is
banning gay marriage is unconstitution. where do ppl form anti gay opinions from- religion-i dont care if u r an anthiest and u r anti-gay u formed that opinion by religion(long explainaion) making gay marriage illegal is violating the law of seperation between church and state. marraige is when u want 2 b with someone forever- that happenes with gays 2- spot being idiots and make America a more true free country
constitution!
I wonder what the 'founding fathers' would have to say about this comment?
As I read it there is nothing in the Constitution that suggests any preference for homosexuality over, or equating it to, heterosexual marriage.
But what do I know?, there has been so much meddling with the various aspects of the Constitution, I doubt that mass murderers could be even shouted at these days for fear their 'Human and Constitutional Rights are being abused.
What about the 'Rights' of the majority,as they are forced, ever more, into a Constitutional corner not of their making?
Maybe individual State laws still tolerate the death penalty, but after all, 'death' penalties were quite normal practice in the days when the Constitution was drafted, unlike homosexuality, which I am sure was certainly not.
Also as I read it, the Constitution was drafted by very religiously orientated folk, whose principles arrived at Plymouth Rock with the Founding Fathers.
Being of a religious bent, I seriously doubt they expected their wise words, once drafted, would give rise to practices, that have been frowned on for millennia by those who follow religious laws, habits and practices.
Mr President should abide by the wishes of the vast majority, not a mouthy minority. He should ensure the practioners of this form of sub-human behaviour crawl back into the dark holes they have recently and indecently emerged from.
Unconstitutionality of "Gay Marriage"
Obama's Administration position, as far as "Traditional Marriage" is concerned, is biblically and constitutionally correct: "Traditionally marriage is between a Man and a Woman"; The first time marriage was invoced...biblically was when Adam testified to God, " Our Creator" : " All these creatures I see have a companion;" I don't see any companion that looks like me"; At this time, God put Adam in a deep sleep, formed the body of a woman and inserted some ribs of Adam into her and casted the breast of life into the woman's body...woke up Adam and the Woman; then Adams expressed his happiness saying: and said:" This is the flesh if my flesh... the bone of my bones...she will be the mother of my children...some like that...I will call her : "EVE". SINCE THAT DAY MEN HAVE BEEN APPEALED TO WOMEN; MARRIAGE WAS CREATED; IT GOOD TO REMIND TO HUMANITY:" THIS IS THE ACT CALLED MARRIAGE" CELEBRATED FROM GENERATIONS TO GENERATIONS.....; SODOME AND GOMORE IS A REMINDER OF THE PUNISHMENT FOR ALL WHO IGNORE THE BASIC PRINCILES OF CREATION AND PRO-CREATIONS SET BY GOD. I WILL GO FURTHER, IN OUR CIVILISATION, MEN HAVE INVENTED TWO ITEMS CALLED: MALE PLUGS AND FEMALE PLUGS; MADE TO CONNECT ONE INTO THE OTHER, IF WE NEED TO CONNECT AN APPLIANCE... A TV , A VRC INTO AN ELECTRICAL SOURCE... TO SEE BASKETBALL GAME ETC...; THE REST IS HISTORY...."TO FINISH: " GOD CREATED:" ADAM AND EVE " NOT : " ADAM AND STEVE"!!! PRESIDENT OBAMA'S ADMINISTRATION IS CORRECT. " GOD BLESS AMERICA!!!", AMEN!.