WASHINGTON - It was one of the key points of the program at the election of Barack Obama on gay rights. For then presidential candidate of the United States, the DOMA (Defense of Marriage Act, in defense of marriage), was to be repealed, and had to stop discriminating against same-sex couples in this regard (a concept contained in a leaflet still on tenant of the White House website).
A line, however, are not reflected in the activities of the Department of Justice, which continued until a few months ago, to defend the rule in court in the face of complaints from gay couples. Federal law establishes two principles in question severely challenged by groups fighting for gay rights.
First, the marriage can be defined as such only if it is contracted by a man and a woman. Secondly, individual states are not obliged to recognize marriages between same-sex registered where they are legal. Thus, a pair of regular gay married in Connecticut, Iowa, Massachusetts, New Hampshire, Vermont or the District of Columbia, can not see their union legally recognized in other states.
But in more than one occasion, Obama had already said he opposes any federal ban that failed to give the opportunity for homosexuals to marry (a concept also reiterated in an open letter to the LGBT community). Distancing, in fact, the position of former President (Democrat) Bill Clinton.
The Doma, in fact, dates back to 1996. The Congress was a Republican majority, and the law was signed Sept. 21 by Clinton himself. The day before that act, which was harshly criticized by gay men, the president, almost to want reassurance, issued a statement in which he wanted to reiterate that despite being "contrary to a long federal recognition of marriages between same-sex" , that same law "should not be an excuse to discriminate against persons on grounds of their sexual orientation." Behind the Doma, there was the fear that a case in favor of unions between persons of the same sex, then brought three pairs of Hawaii, could lead to a recognition of that union outside the confines of the island (second a rule of American constitutional, in fact, states must recognize the official acts and judgments issued in other U.S.
states, hence the need for a special period). The gay movement has never give up and continued his battle against this rule, finding Obama today in a bank. It 'a turning point, a line change as significant as that which led to the repeal of the politics of "Do not Ask Do not Tell" in force between the military: the coming-out men in uniform is no longer prohibited.
Now, Obama has shown a willingness to maintain the faith to take that commitment with a community that supported him, even if on and off (he has been criticized, often with public complaints, a significant delay to the same repeal of "Do not Ask Do not Tell). The U.S. administration, by now, according to the directives of the President to the Department of Justice will not defend in court as a fundamental part of the standard (section number 3), which defines marriage as exclusively between a man and woman.
Last July a federal judge called it unconstitutional: it was at that meeting that the Department of Justice announces the intention to appeal, infuriating the gay community, who taunted Obama promises made during the election campaign. The U.S. administration , despite the criticism, had shown a willingness to pursue the appeal to defend the Doma (in order to "maintain the status quo and a degree of uniformity at the federal level").
Now the change of direction. The President has ordered the Minister of Justice Eric Holder to "stop defending" the constitutionality of the law in two cases currently pending in the state of New York, because "most of the legal landscape has changed in 15 years since Congress passed the Doma." A statement released by the Department of Justice states that "the President has decided that having a number of factors, including documented cases of discrimination," the law "is unconstitutional." Obama, whose position on gay marriage has been defined by the same "in evolution" (though he never hid that he opposes, and supports civil unions), Doma has always considered the "unjust and unnecessary." 
A line, however, are not reflected in the activities of the Department of Justice, which continued until a few months ago, to defend the rule in court in the face of complaints from gay couples. Federal law establishes two principles in question severely challenged by groups fighting for gay rights.
First, the marriage can be defined as such only if it is contracted by a man and a woman. Secondly, individual states are not obliged to recognize marriages between same-sex registered where they are legal. Thus, a pair of regular gay married in Connecticut, Iowa, Massachusetts, New Hampshire, Vermont or the District of Columbia, can not see their union legally recognized in other states.
But in more than one occasion, Obama had already said he opposes any federal ban that failed to give the opportunity for homosexuals to marry (a concept also reiterated in an open letter to the LGBT community). Distancing, in fact, the position of former President (Democrat) Bill Clinton.
The Doma, in fact, dates back to 1996. The Congress was a Republican majority, and the law was signed Sept. 21 by Clinton himself. The day before that act, which was harshly criticized by gay men, the president, almost to want reassurance, issued a statement in which he wanted to reiterate that despite being "contrary to a long federal recognition of marriages between same-sex" , that same law "should not be an excuse to discriminate against persons on grounds of their sexual orientation." Behind the Doma, there was the fear that a case in favor of unions between persons of the same sex, then brought three pairs of Hawaii, could lead to a recognition of that union outside the confines of the island (second a rule of American constitutional, in fact, states must recognize the official acts and judgments issued in other U.S.
states, hence the need for a special period). The gay movement has never give up and continued his battle against this rule, finding Obama today in a bank. It 'a turning point, a line change as significant as that which led to the repeal of the politics of "Do not Ask Do not Tell" in force between the military: the coming-out men in uniform is no longer prohibited.
Now, Obama has shown a willingness to maintain the faith to take that commitment with a community that supported him, even if on and off (he has been criticized, often with public complaints, a significant delay to the same repeal of "Do not Ask Do not Tell). The U.S. administration, by now, according to the directives of the President to the Department of Justice will not defend in court as a fundamental part of the standard (section number 3), which defines marriage as exclusively between a man and woman.
Last July a federal judge called it unconstitutional: it was at that meeting that the Department of Justice announces the intention to appeal, infuriating the gay community, who taunted Obama promises made during the election campaign. The U.S. administration , despite the criticism, had shown a willingness to pursue the appeal to defend the Doma (in order to "maintain the status quo and a degree of uniformity at the federal level").
Now the change of direction. The President has ordered the Minister of Justice Eric Holder to "stop defending" the constitutionality of the law in two cases currently pending in the state of New York, because "most of the legal landscape has changed in 15 years since Congress passed the Doma." A statement released by the Department of Justice states that "the President has decided that having a number of factors, including documented cases of discrimination," the law "is unconstitutional." Obama, whose position on gay marriage has been defined by the same "in evolution" (though he never hid that he opposes, and supports civil unions), Doma has always considered the "unjust and unnecessary."
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