Well the United States Supreme Court surely waited to the last minute for the historic ruling on Obamacare. In fact, in their last week in session they put forth several rulings on high profile cases, including SB 1070 – The Arizona immigration law. Now that they are on break and Justice Roberts has retreated to his “impregnable fortress” in Malta, they will have one very big controversial case waiting for them when they return at the end of the summer: same-sex “marriage.”
As Barack Obama claimed he would do, he told the Justice Department to stop defending the Defense of Marriage Act. Attorney General Eric Holder then sent a letter to Congress informing them that they would no longer defend Section 3, and only Section 3 of DOMA. This went hand in hand with his endorsement of homosexual “marriage.” Not only did the DOJ stop defending DOMA, but Obama began immediately attacking it after his “coming out” moment.
Ironically DOMA was signed into law by the adulterer-in-chief Bill Clinton in 1996. That law has defined marriage for all federal purposes, including benefits, as the union of a man and a woman. It affects more than 1,000 federal laws.
The failure to defend DOMA was called “an unprecedented and ill-advised departure from over two centuries of Executive Branch practice” and “an extreme and unprecedented deviation from the historical norm” by former Attorney Generals Edwin Meese and John Ashcroft..
Attorney General Eric Holder put himself in the mix as he was the one leading the change in the government’s position from being a defender of DOMA to attacking it. But the Obama administration continues to put itself in a predicament. While the law remains on the books, they choose not to enforce it, much like they determined to do in the case of Arizona and immigration.
Lyle Denniston at the Constitution Center writes,
Even though it (the Obama administration) has been on the winning side in the lower courts, the administration told the court it was the government’s duty to lay the controversy before the justices. But government lawyers also urged the court to assure the House Republican leadership that they can take full part in the court’s coming review to give DOMA a full defense.
Since changing its position on DOMA last year, the administration has been engaged in something of a straddle: even while challenging the constitutionality of DOMA in a variety of lower courts, it has said repeatedly that, while the law remains on the books, it will go on enforcing it. Even though DOMA has been struck down several times recently in lower courts, none of those rulings has been put into effect, so legally married same-sex couples are still not benefiting from their victories. That is likely to be the way the situation stands until the court issues a final decision.
As usual, there is no absolute guarantee that the Supreme Court will agree to take on the role of settling the DOMA controversy. But all signs point to a willingness to do so; the court seldom passes up a case in which a lower federal court has nullified a federal law.
How will the Supreme Court rule on this matter if given the chance? Anyone can guess. I’ll tell you that I called the ruling on the immigration law and the Obamacare law to friends of mine and if I was to venture a guess on this issue, I would say that the high court will end up ruling in favor of the administration on this one also. It’s not that I want that. It’s just what I see taking place.
We not only need to evict the current occupant of the White House in November, but the Church of the Lord Jesus Christ needs to be in serious prayer and repentance, crying out to God that he might show mercy to us and turn us away from the destructive path our nation is on for His own glory and our good. May He grant such.Don't forget to Like Freedom Outpost on Facebook and Twitter, and follow our friends at RepublicanLegion.com.
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