Speaker Boehner has just done two great things: hired Paul Clement to defend the Defense of Marriage Act, and suggested that the litigation be funded by redirecting money from the DOJ.
A month ago Professor Richard Epstein suggested that Obama’s “defense” of DOMA in court was so patently intended to lose the case that “it looks almost like collusive litigation, unless some true defender of DOMA is allowed, as an intervener, to defend the statute on the merits.”
Now, thanks to Speaker Boehner, that “true defender” has stepped forward and we have one of the best lawyers in the country actually trying to defend marriage and DOMA. Our chances of winning this at the Supreme Court just shot way up.
Thanks, President Obama!
Thank you Speaker Boehner...
The GOP Office holders tend to take a beating from much of own side, and rarely receive some thanks for doing the hard work.
Conservatives used to understand human imperfection, did not blow by the emotive winds every other day, and would never get lost in the hype regarding celebrity - image over substance.
But these are different days. Something suggest the popular fury has it wrong again, this might be one of the most Conservative - sound Speakers in a long time. He and his Majority in the House deserve some patience and decency.
Reply to this commentLinkReport AbuseI know I will sleep better tonight knowing that John Boehner is doing everything he can to protect my marriage from becoming gay. Wait, what? Oh yeah, gay marriage won't hurt anyone and saying otherwise is just bigotry.
Reply to this commentLinkReport AbuseThe next time conservatives complain about the DOJ fighting terrorism properly, they can think about where the money's being spent - on a bigoted, outdated declaration that denigrates Americans.
Reply to this commentLinkReport AbuseThis must be a positive development: people are already trotting out the worn-out "bigot" canard...
Reply to this commentLinkReport AbuseSmithers-Jones, the problem is that you want to change the underlying "information infrastructure" - that is, the rules about what a family means - in ways that will hurt MY family.
And for what? So that you can dodge your obligation to the woman you intend to use to make a baby? Excuse me, she's not a woman, she's a "gestational carrier" - a THING, to be used up and thrown away by wealthy men who want to play at being "daddies" without regard for the well-being of the poor little motherless kid.
Who will be expected to parrot how happy happy happy he is to be motherless, because apparently the gay community is incapable of empathy or something.
Reply to this commentLinkReport Abuse"in ways that will hurt MY family."
How will same s*x marriage hurt YOUR family?
Reply to this commentLinkReport AbuseHere is one way that redefining marriage hurts my family: by changing the rules to exclude biological kinship, redefining a "family" as a group of individuals designated BY THE STATE as being kin (as opposed to recognizing that kin is kin and two men who are pretending to have "fathered" a baby together are not, and never will be, kin), you are saying that my family will only be a family if the state says so, instead of recognizing that a family is recognized by the family tree, and that the power of the state to reorganize kinship is limited ONLY to cases where it is justified by the needs of a child in crisis. (Gay marriage would change that rule: the child's needs would become last, not first.)
Here's another way in which redefining marriage hurts my family: by changing the rules regarding the idea that "family" comes with obligations, you introduce a new rule: "Family obligations are irrelevant, trivial, and optional."
The problem with this is that "gay marriage" would move from allowing you the OPTION of believing that family obligations are optional, to actually PUNISHING people who teach that family obligations are sacred.
Gay men want to have a baby but want to skip the parts about doing what is right for the child and the child's other parent. They want the rights but not the responsibilities.
Lesbians want to have a baby but want to skip the part about doing what is right and the child's other parent. They want the rights but not the responsibilities.
There is nothing about being gay that changes how a baby is made. If you make a child with another person, then you have an obligation to that person - an obligation has nothing to do with whether you "love" that person. A divorced man still has obligations to recognize that his child is entitled to a relationship with his mother.
By changing the rules regarding whether obligations are optional, you aren't just changing the rules for gays.
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So lets get the state out of marriage. Wouldn't that allow people to define marriage how they see fit. You can have your way and I can have mine.
Another thought. How do feel about straight couples that choose to adopt rather than procreate?
Reply to this commentLinkReport AbusePublius that is an easy question to answer - the adopted child becomes a member of the family tree with a father and a mother. The adopted child takes the name of the father or father/mother combination if you're hip.
Reply to this commentLinkReport AbuseGuess I'm missing something but how is this any different from when a gay couple adopts? To be honest I did not understand LINUSA's argument.
@NR0 why are heteros-xual and homos-xual offensive terms?
Reply to this commentLinkReport AbuseJust how uptight are you guys and gals?
If action isn't taken, marriage will end as we know it - that's how we are affected. This issue has been framed as a "rights" issue. However, alternate lifestyles are many times (if not all - the nature vs. nurture debate is too big for this post) a choice. People can't "choose" to be discriminated against. We are led to believe it's never a choice - which is not true.
With that being said, if you allow marriage for people based on their inability to procreate, denying marriage of any group of consenting adults is both subjective and arbitrary. The bottom line is this: either marriage is a union of a man and woman for the purpose of procreation, or not. And if not, it would be discriminatory to not allow anyone of legal age to marry. When people marry people, the benefits of marriage will cease to exist.
Reply to this commentLinkReport AbuseWe cannot get the state "out of marriage", because we need the state to enforce the contract between two people who intend to procreate together. Otherwise we will be doomed to be a welfare state, as men and women both will be abandoning babies left and right.
Whether or not the two love each other is irrelevant to the state's interest in marriage. Whether the members of the family unit take care of their children is not. Marriage prevents child abandonment. ("Gay marriage" relies on it.)
Reply to this commentLinkReport AbuseAllowing gay marriages will have no effect on heteros*xual marriages. Just like counterfeit money has no effect on real money.
Reply to this commentLinkReport AbuseWhy do social conservatives constantly put distance between themselves and independents/libertarians over an issue (gay marriage) that will come to fruition eventually?
While I am pro-gay marriage, I respect an anti's moral opposition to it. That said, it's inevitable that gay marriage will be legal one day. The numbers of support continue to rise among young people (even young conservatives). So why cling to something that has been decided by the future generations?? Honestly, if you doubt gay marriage will be legal in 20 + years, you really are myopic.
Boehner is a tremendously soggy politician in full, so it's not surprising to see him pandering here as 2012 ramps up, but, it's just, well... kind of a sad to be reminded how many on the right really are stuck in cement over this issue.
Reply to this commentLinkReport AbuseWhat about a married couple with one person who is infertile and one who is fertile? What obligations do they have toward the sperm/egg donor? How do they do "what is right for the child and the child's other parent?"
What about any family other than a man and a woman and one or more of their biological children? Second marriages? Remarriage after the death of a spouse? Adoption?
Reply to this commentLinkReport AbuseI ask this question often, and never get an answer.
Gays as Lesbians are allowed to marry one person at a time, subject to the limitations of the state they're married in. The same as straights. How is this discriminatory?
Reply to this commentLinkReport AbuseLinUSA's comments are well taken, in that they clearly demonstrate the absence of clear thinking on a factual basis that policy choices should be based upon. I've read his comments 3 times and can't make any sense of them.
The money spent to defend this law is a waste of taxpayer dollars.
Reply to this commentLinkReport AbusePublius, adoption is to what gay marriage wants to do, as amputating a limb to save a man's life is to amputating a man's limb because you just want to.
Reply to this commentLinkReport AbuseThe notion that civil marriage is stricly for the purpose of procreation is simply laughable. People marry all the time with not intention to procreate or often the ability to procreate. Marriage is simply a contract between two people to live their lives together as a family. The state should support this regardless of the gender of the parties. Gay marriage is coming. Resistance is futile.
Reply to this commentLinkReport AbuseIn other words, Smithers, you can't answer my question either. Thank you.
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