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Monday, June 15, 2009

OBAMA ANGERS GAYS WITH MARRIAGE LAW DEFENSE: San Francisco Chronicle

reports:
President Obama, who said as a candidate that he would seek repeal of a law denying federal recognition of same-sex marriage, has angered gay rights groups with court arguments portraying the law as a nondiscriminatory measure that "preserves scarce government resources."

The Justice Department's filing with a federal court in Santa Ana was the administration's first statement on the constitutionality of the Defense of Marriage Act, the 1996 law that denies federal marriage benefits to same-sex couples. Those benefits include joint tax filing, Social Security survivors' payments and spousal immigration status.

The law also allows states to withhold recognition of same-sex marriages performed in another state or country.

Obama called the law "abhorrent" during the presidential campaign and said he would work to overturn it. He has not presented any such legislation to Congress since taking office, however. ...

The Justice Department issued a statement saying Obama wants the law repealed "because it prevents LGBT (lesbian, gay, bisexual and transgender) couples from being granted equal rights and benefits. However, until Congress passes legislation repealing the law, the administration will continue to defend the statute when it is challenged in the justice system." ...

But the department also defended the 1996 law's restrictions. Its court filing steered clear of the justification of the law it had offered under President George W. Bush: that it promotes a traditional form of marriage best suited for procreating and raising children.

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