January 23, 2013

About that 'Second Gettysburg Address'

Buzz Feed - The White House has steadfastly refused to answer the question of whether President Barack Obama believes state measures like California's Proposition 8 are unconstitutional, even following the broad affirmation of LGBT equality made in his inaugural address and as pressure is rising for the administration to take action on Proposition 8 in the coming month.

For now, though, the White House has chosen to highlight two concepts — both of which are simply restatements of facts — as "answers" to questions leading in that direction.

First, Obama and the White House reiterate the historical fact that marriage has been defined at the state level; there is no federal marriage license. Although marriage is defined by state law, however, there are constitutional limits to how states can do so — as the Supreme Court has enforced regarding, for example, state laws banning interracial marriage. Second, White House officials note that the federal government is not a "party" in the Proposition 8 case.

No comments: