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Click here to visit the new home of Politics Daily!President Barack Obama has decided that Section 3 of the Defense of Marriage Act is unconstitutional and has ordered Attorney General Eric Holder to stop defending it in federal court. Until now, the Department of Justice has defended Section 3 of DOMA in court challenges. This section states that "the word 'marriage' means only a legal union between one man and one woman as husband and wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or wife." Two DOMA challenges are currently pending in the 2nd U.S. Circuit Court of Appeals. In a letter to Congress ...
Senate Democrats defeated a Republican-sponsored amendment to strike down the nation's new health care law by a 51 to 47 vote, effectively ending the GOP's congressional campaign to repeal the controversial legislation. Emboldened by a ruling on Monday from U.S. District judge Roger Vinson of Florida that deemed the new law unconstitutional, Senate Republicans committed themselves to making good on an election-year promise to repeal the Affordable Care Act. The Senate repeal was attached as an amendment to a larger -- and unrelated -- bill authorizing federal aviation ...
(Nov. 1) -- The day before the critical midterm elections, the Obama administration has won its federal case to extend the freeze on the overturning of "don't ask, don't tell," which was ruled unconstitutional by another federal judge less than a month ago. What does it all mean? Under the previous ruling, the controversial policy of discharging openly gay servicemen and women was effectively arrested, with U.S. District Judge Virginia Phillips twice maintaining that the military could no longer enforce it, despite an attempt by Obama administration lawyers to secure an emergency stay. As ...
The Justice Department asked a federal judge in California Thursday to put on hold her worldwide injunction against enforcement of the military's "don't ask, don't tell" policy toward homosexual service members. At the same time, the Pentagon reportedly told its legal officers that they they should abide by the terms of the injunction pending further judicial review. The dramatic moves came two days after U.S. District Judge Virginia Phillips voided the policy as an unconstitutional infringement upon the rights of gay and lesbian troops. In Riverside, Calif., federal lawyers asked Phillips ...
(July 9) -- The ruling by U.S. District Court Judge Joseph Tauro that the federal Defense of Marriage Act -- signed into law by President Bill Clinton in 1996 -- is unconstitutional sparked a debate on the Web not so much about gay rights but about the 10th Amendment to the Constitution. That's the one that reads: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Tauro based his decision in one of the two cases on which he ruled on that amendment, arguing that the federal ...
If there's any justice in this world, then Constance McMillen's name and her story of fierce heroism will be celebrated in the annals of the human rights movement in this country. The 18-year-old senior at Itawamba Agricultural High School in Fulton, Miss., made national headlines last month when her fight with the Itawamba County School District gained significant media traction. McMillen wanted to bring her girlfriend to the high school prom on April 2, but after contacting the school's vice principal last December in hopes of receiving approval, he told her she was not allowed to do so. ...
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