Saturday, March 5, 2011

Boehner is going to defend DOMA if Obama Won't

John Boehner said on Friday that he would attempt to form an organization within the house of representatives with the goal of defending the Constitutionality of the Defense of Marriage Act in the Courts.  Obama had previously said the executive branch would no longer defend the act.

There is some question as to whether Obama is allowed to not defend DOMA.  It seems as though he is, if for no other reason than "who can make him?".  There is some precedence for his refusal to do so.  Likewise, it does not appear that anyone can stop the house from defending the bill, if they'd like, and there is some statutory authority for this.

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