DOMA Articles

Falling Down on the Job

State AGs shirk their duty to defend state laws.
Feb 17, 2014

Last month, just 12 days after taking office as Virginia’s attorney general, Mark Herring abandoned his state’s defense of its marriage laws in a federal lawsuit brought by same-sex couples. Switching sides to join forces with the same-sex couples, Herring explained that he had concluded that the state constitutional provision and statute “denying the right to marry to same-sex couples” violate the federal Constitution. Further, he wants Virginia to be “on the right side of history.”

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In Pennsylvania, an Affront to Judicial Review

2:02 PM, Aug 05, 2013

A visitor to Richmond can’t leave without a trip to John Marshall’s house, a living shrine to the greatest chief justice in the history of the United States. Passing through the halls of his former home, it is as if the spirit of the great man is present in the articles he used and the rooms he inhabited. The courtly tour guide will narr

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Judicial Supremacy

Jul 22, 2013

Arguably the most important case the Supreme Court handed down this past term was United States v. Windsor, in which Justice Kennedy, writing for a five-justice majority, declared unconstitutional the Defense of Marriage Act’s definition of marriage for federal purposes. Largely neglected in commentary on the case is the question the Court had to decide in order to take up the constitutional question—that of whether it had jurisdiction over the appeal.

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Podcast: Reviewing the Recent Supreme Court Decisions

Hosted by Michael Graham.
5:00 AM, Jul 07, 2013

WEEKLY STANDARD executive editor Terry Eastland reviews the Supreme Court's decisions in Fisher v. University of TexasUnited States v. Windsor, and Hollingsworth v. Perry.

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Clinton Hails Supreme Court Overturning Law He Signed

11:30 AM, Jun 26, 2013

President Bill Clinton released a statement, together with his wife Hillary Clinton, hailing the Supreme Court's decision to overturn the Defense of Marriage Act, a bill he signed into law in 1996.

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Supreme Court: 'DOMA Singles Out a Class of Persons Deemed By a State Entitled to Recognition and Protection to Enhance Their Own Liberty'

9:10 AM, Jun 26, 2013

A key line from the Supreme Court's decision on the Defense of Marriage Act. "DOMA singles out a class of persons deemed by a State entitled to recognition and protection to enhance their own liberty."

More from the majority opinion, written by Justice Kennedy:

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President Who Signed DOMA to Be Honored By Gay Lobbying Group

5:41 PM, Apr 03, 2013

President Bill Clinton, who signed the Defense of Marriage Act into law in 1996, is now set to be honored a gay lobbying group in Los Angeles.

"Former President Bill Clinton will be honored with an award for his advocacy for gay marriage, gay and lesbian lobbying group GLAAD said on Wednesday," Reuters reports.

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Toobin Predicts 'DOMA's in Trouble'

Gets whacked by an umbrella.
12:30 PM, Mar 27, 2013

On CNN, analyst Jeffrey Toobin predicts that "DOMA's in trouble":


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Is Obama in Favor of Letting States Decide on Marriage?

6:05 AM, May 21, 2012

The New York Times gushingly describes how President Obama’s unique background — he’s “a man from many worlds,” “a transcender of tribes,” and, yes, “a former constitutional law professor” — has allowed him to unearth a creative “middle way” on the question of redefining marriage.  That “middle way,” according to the Times’s account, is to come o

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Obama: Law That Would Let States Decide on Gay Marriage Is ‘Unconstitutional’

6:29 AM, May 15, 2012

When President Obama came out last week in favor of redefining marriage, he couched his opinion in the context of federalism, saying, “I think it is a mistake to — try to make what has traditionally been a state issue into a national issue.” During that same interview, however, he declared that a bipartisan law designed to protect states from judges who redefine marriage in other states, is “unconstitutional.” It’s very hard to square these two statements.

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Should Romney Retrench on Gay Marriage?

8:00 AM, May 11, 2012

Now that President Obama has announced that, having been for gay marriage (in 1996) before he was against it (in 2004 and 2008), he’s now for it again (in 2012), the Wall Street Journal editorial board comes perilously close to suggesting that Mitt Romney should change his position on the issue.

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An Opportunity for Cain on the Issue of Same-Sex Marriage

9:14 AM, Oct 18, 2011

During Herman Cain’s generally strong performance on Meet the Press on Sunday, David Gregory asked him, “Would you seek a constitutional ban for same sex marriage?” Cain replied, “I wouldn’t seek a constitutional ban for same sex marriage, but I am pro-traditional marriage.” Gregory followed up: “But you would let the states make up their own mind as they’re doing now?” Cain responded, “They would make up their own minds, yes.”

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Gay Rights Group Contacted Law Firm's Clients in Campaign to Intimidate DOMA's Defenders

11:22 PM, Apr 25, 2011

On Monday, the law firm King and Spalding reneged on its agreement to defend the Defense of Marriage Act in federal court. Following the Obama Justice Department's decision not to defend the federal law in court, the U.S. House of Representatives took up the case and hired former U.S.

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House to Defend DOMA in President’s Absence

8:25 AM, Mar 10, 2011


In the wake of President Obama’s conclusion that his own professed view of marriage is unconstitutional (at least when codified as federal law), the House of Representatives will step up and defend the Defense of Marriage Act (DOMA) in federal court.

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Obama: My Own View of Marriage Is Unconstitutional

9:46 AM, Feb 24, 2011

President Obama has now decided that the Defense of Marriage Act (DOMA), which defines marriage as a union between a man and a woman, is unconstitutional. Thus, the Obama administration says that it will no longer defend that federal law in court. On the campaign trail, President Obama repeatedly asserted that marriage is a union between a man and a woman. Now, the president has apparently decided that his own view, at least when codified as federal law, is unconstitutional.

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Happy Hour Links: Somebody Tell Obama There's an Election Next Year

7:00 PM, Feb 23, 2011

Because he's apparently unaware there's an election next year, Obama abandons the Defense of Marriage Act.

Sure, GM owes the American taxpayer big time, but thank goodness they've got $40 million lying around to pay for snake oil, er, "carbon offsets."

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