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Author Topic: Obama Admin will no longer defend DOMA  (Read 9274 times)
Pyperlie
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« Reply #15: February 23, 2011, 11:25:00 pm »


That doesn't preclude others, such as Congress, from stepping in to defend it. And it doesn't mean that the courts will necessarily decide to overturn DOMA. But it certainly helps the gay side of the case.

Please forgive my ignorance, but how can Congress defend the law?  And who else could?
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sailor_tech
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« Reply #16: February 23, 2011, 11:34:53 pm »

Please forgive my ignorance, but how can Congress defend the law?  And who else could?

That's the big question. Congress, or rather any Congress person could try to defend the law maybe. Of course that raises the question of who is going to pay for such a defense.


If there is no standing, then I think can be no cases. No cases, no rulings to overturn it.
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Adrianne Boudreau
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« Reply #17: February 24, 2011, 01:56:05 am »

That's the big question. Congress, or rather any Congress person could try to defend the law maybe. Of course that raises the question of who is going to pay for such a defense.


If there is no standing, then I think can be no cases. No cases, no rulings to overturn it.

As I told a lot of my friends is just a matter before DOMA is repealed. However, the more I read about this situation the more it makes me wary.
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mandrina
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« Reply #18: February 24, 2011, 08:45:15 am »

That's the big question. Congress, or rather any Congress person could try to defend the law maybe. Of course that raises the question of who is going to pay for such a defense.


If there is no standing, then I think can be no cases. No cases, no rulings to overturn it.

Never mind, Belive it or not I accidentally did this while trying to moveonto another thread.  It's been one of those days.
« Last Edit: February 24, 2011, 08:49:47 am by mandrina, Reason: edited to explain why there was no text and that I had nothing to say, but I cant\' delete it anyhow. » Logged

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« Reply #19: June 04, 2011, 04:08:53 am »

Please forgive my ignorance, but how can Congress defend the law?  And who else could?

im certainly no law buff, so please forgive (and correct) me if im wrong, but i thought the only entities that can defend laws are the juries, judges, and court system. 
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Simmiel
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« Reply #20: June 04, 2011, 04:10:13 am »


with regard to the op;


i think obama might be doing this to garner the glbt vote, wasnt that his m.o. before??
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sailor_tech
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« Reply #21: June 04, 2011, 06:39:43 am »

im certainly no law buff, so please forgive (and correct) me if im wrong, but i thought the only entities that can defend laws are the juries, judges, and court system. 

Definately the opposite. 

The court system (judicial branch of the govt) Decides wether laws are constitional. They can only decide cases though when somebody who has standing brings a case. Juries are triers of facts, and are not involved in cases where the law it self is being challenged.

Normally the executive branch defends such laws. Simple way to think of it is that the executive branch executes the laws. They are the active day to day running of things.

The legislative branch (House and Senate) pass laws.
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Altair
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« Reply #22: June 05, 2011, 07:48:02 am »

with regard to the op;


i think obama might be doing this to garner the glbt vote, wasnt that his m.o. before??

I'm sure the politics of it is a part of the calculation, but only a part. There are other court cases the Obama administration is pursuing that the LGBT community is not happy about; for example, there's at least one challenge to "Don't Ask, Don't Tell" still winding through the courts, and the O administration continues to fight for the policy--even though Obama successfully got Congress to repeal DADT.

As for LGBT votes, yeah, Obama wants them--but he wants LGBT money even more.
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