Wednesday, February 23, 2011

Obama DOJ drops defense of DOMA but not of DADT; inconsistency?

Readers may enjoy pondering the Obama administration’s inconsistency today, as the DOJ is not going to continue to defend the 1996 Defense of Marriage Act, but still is technically holding on to the remnants of “don’t ask don’t tell” in court. The news release is here.

Okay, maybe it’s part of the “certification” or “continuation” process. But in the meantime, servicemembers’ lives and the nation’s military can continue to be damaged. 

Log Cabin Republicans claims that 31% of gay voters go Republican. 

Also, on Tuesday night, ABC affiliate WJLA in Washington ran a story about male couples raising kids, which has risen from 4% of male couples in 1990 to 16% in 2009.  But in many cases the kids come from previous heterosexual marriages.

On Thursday, Jeffrey Toobin on CNN said that the Obama Administration and its DOJ (Eric Holder) is taking the position that sexual orientation is immutable and therefore discrimination based on it is legally like discrimination based on race or gender. Toobin says the Supreme Court has never maintained that (in "hightened scrutiny" analysis) and may still be unlikely to do so. 

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