In a historic shift on gay rights, the Obama administration announced that it believes the Constitution forbids unequal treatment of gays and lesbians in almost all cases, and specifically when it comes to federal benefits for legally married same-sex couples.
Attorney General
Holder said President
This new stance by the administration was hailed as a “”monumental turning point in the quest for equality”” by
On
It comes just two months after
The immediate practical effect of the announcement may be limited. Holder said the administration would continue to enforce the law until a final ruling is made, most likely by the
Longer term, even if the administration’s view prevails it would not force states across the nation to grant equal marriage rights to gays and lesbians. Currently, five states grant marriage licenses to same-sex couples.
But Obama’s position, if accepted by the courts, would prevent federal agencies, including the
Gay rights advocates saw the decision as a breakthrough whose impact will be felt well beyond the dispute over federal benefits. It means “”virtually all forms of discrimination”” based on sexual orientation will be eventually judged unconstitutional, said
A Republican-led Congress passed the Defense of Marriage Act to prevent one state’s adoption of gay marriage from spreading nationwide. Usually, states are required to honor legal agreements made in another state, including marriage, under the so-called “”full faith and credit”” clause in the Constitution. In enacting the law,
But in recent years, the law has been challenged as a denial of equal rights by gays and lesbians who were legally married in their state. In
Until now, the Obama administration had taken the view that it had a duty to defend all laws, including discriminatory measures, so long as they could be justified as constitutional.
But Holder said the case of Windsor v.
In his letter to House Speaker
A spokesman for Boehner criticized the
In a statement from
The decision is Obama’s boldest so far in favor of gay rights. He opposed gay marriage during the 2008 campaign, and his administration defended the “”don’t ask, don’t tell”” policy in court while arguing it should be repealed by
Last December, Obama suggested that his position on gay marriage is not set in stone and that he might one day conclude that gays and lesbians should have the right to marry.
“”I struggle with this,”” the president said at a news conference. “”I have friends, I have people who work for me, who are in powerful, strong, long-lasting gay or lesbian unions. And they are extraordinary people, and this is something that means a lot to them and they care deeply about.””
In an interview around the same time with a gay publication, Obama said his attitude on the issue is “”evolving.””
Democratic pollster
In
“”This is really a wonderful day, for the