The Executive Branch WILL Continue Enforcing DOMA, Just Will Not DEFEND It In Court

The Executive Branch WILL Continue Enforcing DOMA, Just Will Not DEFEND It In Court February 26, 2011

Get ready for the deceptive meme to come flying your way that the Obama administration is abnegating its responsibilities to enforce law by not enforcing the Defense of Marriage Act. The administration will continue to enforce the unconscionable law, it will only not defend it from legal challenges in court. Others, starting with the House of Representatives may still advocate on behalf of the law in such circumstances.

Andrew Sullivan has more on the distinction, including a relevant portion of Eric Holder’s letter to House Speaker John Boehner:

The President has informed me that Section 3 will continue to be enforced by the Executive Branch. To that end, the President has instructed Executive agencies to continue to comply with Section 3 of DOMA, consistent with the Executive’s obligation to take care that the laws be faithfully executed, unless and until Congress repeals Section 3 or the judicial branch renders a definitive verdict against the law’s constitutionality.   This course of action respects the actions of the prior Congress that enacted DOMA, and it recognizes the judiciary as the final arbiter of the constitutional claims raised.

Don’t let the deceptive meme that the president refuses to enforce the law spread.

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