06
Jul
11

change ….

TPM: The Ninth Circuit Court of Appeals on Wednesday ordered the federal government to stop enforcing “Don’t Ask, Don’t Tell” …. citing the government’s recent opposition to policies that discriminate based on sexuality.

โ€ฆ..In the decision, the panel also cited the Department of Justice’s decision in February to no longer defend the Defense of Marriage Act because it is unconstitutional. “The President has also concluded that Section 3 of DOMA, as applied to legally married same-sex couples, fails to meet that standard and is therefore unconstitutional,” Attorney General Eric Holder wrote at the time.

The DOJ also filed a forceful brief last week in support of a female federal court employee who was suing the federal government for denying her access to equal benefits for her wife. In the brief, the DOJ acknowledged that “the federal government has played a significant and regrettable role in the history of discrimination against gay and lesbian individuals” and that DOMA “was motivated in substantial part by animus toward gay and lesbian individuals and their intimate relationships.”

In its decision Wednesday, the Ninth Circuit cited that brief. “In the context of the Defense of Marriage Act,” the Ninth Circuit wrote, “the United States has recently taken the position that classifications based on sexual orientation should be subjected to heightened scrutiny.”

“The circumstances and balance of hardships have changed,” the Ninth Circuit wrote, “and [the government] can no longer satisfy the demanding standard for issuance of a stay.”

Full post here

Thank you Loriah


20 Responses to “change ….”


  1. 1 theo67
    July 6, 2011 at 7:20 pm

    Forget about everything else this man (President Obama) has done for this country. A study on just the progress made on gay issues shows that he has pulled this country into an age of acceptance and observance of human rights not seen since the Civil Rights struggles. He’s moved this country forward. This puts the criticisms of Choi and Maddow to shame – really. There are hundreds of members of Congress doing little, but the President is the one who’s actually affected lives.

    Thank heaven for President Obama!

    • 2 meta
      July 6, 2011 at 7:40 pm

      WORD. Thank you theo.

    • 3 nathkatun7
      July 7, 2011 at 2:30 am

      Well said theo67. This is one amazing courageous President. People can demonize him all they want but his actions and record can never be erased. And he still has a year and half to go in his first term.

  2. July 6, 2011 at 7:33 pm

    What is Choi going to scream about now. Maddow this would be a good time to say I was wrong and I am sorry. We are waiting.

  3. 5 Fred
    July 6, 2011 at 7:37 pm

    choke on that Dan Choi

  4. July 6, 2011 at 7:43 pm

    Happy wednesday everyone ๐Ÿ˜€

  5. July 6, 2011 at 7:44 pm

    And yesterday, the president nominated the first ever openly gay person to the west point board!

    But but but…

  6. 11 meta
    July 6, 2011 at 7:44 pm

    This is a huge step for PBO and his administration. The 9th Circuit is not that far from where I live. A lot of forward thinking stuff happens there. It’s a place where CHANGE can breathe and live. I’m grateful to be in a thriving community where diversity is not feared.

    To Maddow and Choi and the rest, these things really do take time and thought if they are to be enduring. So stop blaming and realize the gift of Obama-Biden. YES WE CAN.

    • 12 ChristiMtl
      July 6, 2011 at 7:47 pm

      Choi has a deep-seated hatred for the President. There’s no way he’s going to give him credit for anything.

      • 13 Fred
        July 6, 2011 at 8:12 pm

        you got that right Christi.If the President comes out with proof that he has found a cure for Aids;Choi would say fack off and call the President an homophobe.

        I despise Dan Choi

  7. July 6, 2011 at 7:45 pm

    From my twitter timeline:

    RT @cspan: C-SPAN will air the #AskObama Twitter @townhall tonight. Meantime, here’s the video: http://t.co/3wiAAgs

  8. 15 Me4obama
    July 6, 2011 at 7:52 pm

    All the credit goes to his wonderful mother Ann Dunham for raising him and teaching him to be the Great Man he is. Kind, compassionate, loving and caring. The World is a better place and all the human Races because of this Great Man.

  9. July 6, 2011 at 8:08 pm

    It’s interesting that the DOJ uses the DADT repeal to stop defending DOMA and the courts are using the fact that the White House finds DOMA unconstitutional to end DADT firings.

    There is a long game strategy we’re seeing here play out. I think the Supreme Court will get the definitive DOMA case next year or early in President Obama’s second term and I’d expect a 6-3 or even 7-2 ruling ending the discrimination once and for all.

    • 17 utaustinliberal
      July 6, 2011 at 8:19 pm

      I sincerely hope so Str. The way things are trending and the way various lower courts have been ruling, I think DOMA or most likely Prop 8 will reach the Supreme Court and I hope they vote in a majority rule to end the practice of DOMA because no where in our Constitution does it state that marriage is between a man and woman. Legally through facts and laws those opposing gay rights have no leg to stand on.

    • 18 nathkatun7
      July 7, 2011 at 3:03 am

      Very astute commentary, StR. I am certain ( of course I may be wrong) that both Scalia and Thomas would vote in favor of DOMA. The question then is whether the other conservatives, Justice Alito and the CJ, would join them in affirming the Constitutionality of DOMA. Personally, I think they will. Although they are not as strident and outspoken as Scalia, they still tow the ultra conservative line. Nevertheless, I do agree with you that DOMA will be declared unconstitutional by a divided Court. My prediction is that DOMA will be ruled unconstitutional by a 5-4 vote. Justice Kennedy, the other conservative, is already on record affirming the civil rights of gay people. I expect him to join the other four moderate liberals on the court in striking down DOMA. Of course It would be great to see a 7-2, or even a 6-3, vote in favor of ending discrimination against gays because that would send a powerful message; It would also help undermine the politics of gay bashing.

  10. 19 Anonymous
    July 6, 2011 at 8:36 pm

    ๐Ÿ™‚

  11. 20 carolyn
    July 7, 2011 at 9:18 am

    I have been very impressed with the rullings of the 9th Circuit Court recently.


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