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The Push to End DOMA

by: Brian Leubitz

Tue Nov 15, 2011 at 11:15:06 AM PST


California Leaders Lobby Congress to End Discriminatory Law

by Brian Leubitz

There are a few facts that should probably come up first here.  DOMA is unconstitutional.  It violates the full faith and credit clause in addition to equal protection and due process claims.  And that will be decided at some point soon, as the case is now at the appellate court level.  However, for the time being the law is on the books, and we need to eliminate it.

Sen. Feinstein has been pushing DOMA repeal this legislative session, and got the bill out of the Judiciary Committee on a party line vote last week.  Now Governor Brown and several California Mayors are pressing Congressional leaders to repeal as well.

The 1996 Defense of Marriage Act "is a stain on our common values," Lee and 14 other mayors and governors from around the nation said in a letter to the Senate Judiciary Committee, which voted last week to repeal the law.

In a separate letter, Brown noted that 18,000 gay and lesbian couples were legally wed in California in the five months before November 2008, when voters reinstated the ban on same-sex marriage by passing Proposition 8. Those marriages remain valid despite a state Supreme Court ruling upholding Prop. 8, which is now being challenged in federal court.

"Californians in these marriages deserve to be treated the same by the federal government and other states as Californians in other legal marriages," Brown told the Senate committee. (SF Chronicle)

Other California signatories to the Mayoral letter were Mayors Villaraigosa of LA and Sanders of San Diego.

Brian Leubitz :: The Push to End DOMA
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More Importantly (0.00 / 0)
We are asking a more important question. Do we live in a democracy or a tyranny? Shall the majority rule the minority or shall the minority rule the majority?
The majority has spoken every place when the people have had a chance to speak. NO TO Homosexual marriage.  No to alternative lifestyles.
Similar to the Southern slaveowners and Southern segregationists who tried to subvert the will of the people through acts that violated the will of the people  a la Dred Scott and fillibusters and other loopholes , the far-left is trying to make the people obsolete and rule by fiat.



Right, hammer (0.00 / 0)
You're Right, Hammer
I think they proved 'majority rule' in Germany in the '40's
Wasn't it the Nuremberg rulings ???

I just don't think House or Senate Republicans are gonna repeal DOMA
And you need Republicans to do it

You're probably better advised to run an initiative in California
If you get it on the 2012 Presidential ballot, it'll Probably win


[ Parent ]
Not That Simple... (0.00 / 0)
The principle of a constitutional democracy is that the majority shall prevail in domain of legislative power, but that certain individual rights (even of those in the minority) shall be protected by judicial power.

The "majority" at one time said no to interracial marriage. In some places that changed because the majority changed it's mind. In California it changed because the State Supreme Court overturned Los Angeles County's anti-miscegenation law in 1948. And it changed everywhere when the U.S. Supreme Court ruled in 1967 that all such laws are unconstitutional.

Prop-8 only managed to get seven million votes by conflating gay marriage with lies about compulsory sex education in public schools. Polls suggest that if it were voted on again today, it would fail.

But that doesn't matter. If marriage is a right to which all citizens are entitled, and all citizens are entitled to equal protection - regardless of gender - by the Fourteenth Amendment, then Prop-8 is unconstitutional and DOMA is unconstitutional.

The Constitution does not exist to protect the right of one minority to persecute another minority.

Let me ask you this: would you trade your heterosexual marriage license for a legally equivalent "reproductive partnership"?

I wouldn't. Like a "domestic partnership", it would utterly invalidate the human feelings and personal commitment that the spouses hold for each other. A separate-but-equal "partnership" status is dehumanizing. When you identify one type of people as less than fully human, you target those people for all kinds of abuse. That is just plain immoral.


[ Parent ]
Marriage (0.00 / 0)
I've been married for 26 years to the same woman
(I'm a man)
We have two daughters
I don't feel in the least bit threatened by gay marriage
Nor, is my marriage or family threatened

It's just equality for all


[ Parent ]
Funny, how they call it "defense" of marriage (0.00 / 0)

when what they're trying to achieve is less marriage.

Sorry to be posting what I know is a fairly flippant comment on a serious issue of basic rights.  But, I mean, honestly, can't they even think through the name of their stupid initiative?


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