ACLU: President Obama Says Discriminatory "Defense Of Marriage Act" Is Unconstitutional

President Obama Says Discriminatory "Defense Of Marriage Act" Is Unconstitutional

Justice Department Won't Defend ACLU Lawsuit On Behalf Of Surviving Spouse Challenging Government's Failure To Recognize Her Marriage

NEW YORK – In an historic show of support for equal treatment under the law, the Obama administration announced today that it will no longer defend the discriminatory "Defense of Marriage Act" (DOMA) in court. In a statement, Attorney General Eric Holder said that President Obama has concluded that Section 3 of DOMA is unconstitutional because it fails to meet the legal standard – "heightened scrutiny" – that applies when the government treats gay people and straight people differently.

One of the cases challenging DOMA was brought by Edith "Edie" Windsor, who shared her life with her late spouse, Thea Spyer, for 44 years. Windsor filed a lawsuit against the federal government for refusing to recognize their marriage and imposing a $350,000 tax on Spyer's estate when she died that Windsor would not have had to pay if she were married to a man. Windsor brought the lawsuit with the assistance of the American Civil Liberties Union, the law firm of Paul, Weiss, Rifkind, Wharton & Garrison LLP and the New York Civil Liberties Union.

The following can be attributed to Anthony D. Romero, Executive Director of the ACLU:

"The president did the right thing and just propelled gay rights into the 21st century, where it belongs. Our government finally recognizes what we knew 14 years ago — that the so-called 'Defense of Marriage Act' is a gross violation of the Constitution's guarantee of equal protection before the law. DOMA betrays core American values of fairness, justice and dignity for all, and has no place in America. Our Constitution promises that the government will treat everyone equally. Today's announcement is a recognition that gay people, too, are promised equal treatment under the law. Now it is only a matter of time before LGBT people in the United States will finally have full equality in our society."

The following can be attributed to James Esseks, Director of the ACLU Lesbian, Gay, Bisexual and Transgender Project:

"Edie Windsor loved and cared for her spouse Thea Spyer for years, only to be treated like a total stranger after Thea's death. We are delighted that the government acknowledges that it is completely unfair to pretend that Edie and Thea were not married and treat their marriage differently from married straight couples."

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Editorial

Mr. Obama Moves Against Bias

In a heartening reversal, President Obama has instructed the Justice Department to stop defending the constitutionality of the Defense of Marriage Act. That deplorable 1996 law sanctioned blatant discrimination against the spousal rights of married gays and lesbians.

The announcement by Attorney General Eric Holder Jr. struck at the core of the matter, concluding that Congress had violated constitutional due process in a debate rife with “moral disapproval” of gay men and lesbians — “precisely the kind of stereotype-based thinking and animus” banned by the equal protection clause.

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The act, passed in an election year and signed by President Bill Clinton, arbitrarily denied federal benefits for married couples to married same-sex couples, including Social Security survivor payments and the option to file joint tax returns. It allowed states to refuse to recognize same-sex marriages that are legally recognized in other states.

The president’s decision is a major advancement for protecting the rights of gay, lesbian, bisexual and transgender Americans. It firmly skewers what has been bad law and complements the recent Congressional repeal of the government’s “don’t ask, don’t tell” prejudice suffered by gay men and lesbians serving the nation in the military.

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