Ob Populus

Picker and Chooser in Chief

In Uncategorized on February 24, 2011 at 9:09 am

Defenders of Marriage

Image by Mike Licht, NotionsCapital.com via Flickr

President Obama’s administration has announced that it will no longer defend the Defense of Marriage Act (DOMA) as his administration believes the law to be unconstitutional. DOMA defines marriage as between a man and woman and the President believes this definition cannot survive legal scrutiny from the court’s as the act involves a traditionally discriminated against group, those who are homosexual, and these laws are usually constitutionally suspect and rarely survive legal scrutiny from the courts.

Laws that affect traditionally discriminated groups – woman who were denied entry into large segments of the workforce and the right to vote or blacks who suffered the indignity of slavery and segregation in the Deep South – receive extra (strict) scrutiny from the courts to insure that the law is not targeted to harm them. As stated above, President Obama’s administration believes that people who are gay fall into the same category and DOMA unfairly targets them and thus cannot survive legal scrutiny.

Now there is no question that homosexuality has been frowned upon in our nation and that there has been a certain level of discrimination but it is nowhere near that  of groups that have been traditionally discriminated against, such as woman or blacks. People who are gay have not been denied entry into the workforce or the right to vote or restricted as to where they can live or shop. To classify them as a traditionally discriminated group that needs extra protection from the government is an overreach.

Besides DOMA is not discriminatory. All it is, is an attempt to classify marriage in a manner that it has traditionally been defined for millenia, a union between a man and a woman. Society is allowed to bestow certain benefits on lifestyles that in return benefit society. Here, men and woman getting married insures the creation of our next generation of citizens and so on. That is not to say homosexuality is bad, it just does not offer society the same benefits so it should not be recognized in the same manner.

It is nice to see the President is aware of the Constitution, however, this interpretation is misguided. Now if we can get him to follow the rule of law on Obamacare…………


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