Rep. Michele Bachmann. Photo: Bachmann for Congress, Facebook
Rep. Michele Bachmann. Photo: Bachmann for Congress, Facebook

Bachmann cosponsors bill to condemn Obama for DOMA decision

By Andy Birkey
Tuesday, March 15, 2011 at 9:34 am

Rep. Michele Bachmann is one of 81 cosponsors of a House resolution that would condemn President Obama for his decision to discontinue the federal government’s defense of the Defense of Marriage Act. Obama and Attorney General Eric Holder reached a conclusion that parts of DOMA were unconstitutional and therefore the federal government could no longer defend the act.

The resolution “condemns the Obama administration’s direction that the Department of Justice should discontinue defending the Defense of Marriage Act; and demands that the Department of Justice continue to defend the Defense of Marriage Act in all instances.”

House Speaker John Boehner has directed the House’s legal counsel to resume defense of DOMA.

The resolution writers also took a dig at Obama by asserting that he was defending the Affordable Car Act that conservatives view as unconstitutional while denouncing the unconstitutionality of DOMA.

Bachmann is the only member of Congress from Minnesota who has signed on to the resolution.

Here’s the full text:

Expressing the sense of Congress with respect to the Obama administration’s discontinuing to defend the Defense of Marriage Act.

Whereas on February 23, 2011, President Barack Obama ordered the Justice Department to drop its defense of a central part of the 1996 law that bars the Federal Government from recognizing same-sex unions, the Defense of Marriage Act, and both President Obama and Attorney General Eric Holder concluded the law is unconstitutional;

Whereas President Obama himself has said that marriage is something sanctified between a man and a woman;

Whereas passed by significant majorities in both chambers of Congress and signed into law by President Bill Clinton, the Defense of Marriage Act has never been overturned in any Federal lawsuit challenging its constitutionality by a Federal Court, yet the Department of Justice has decided not to defend this act in Federal court;

Whereas on the contrary, the Department of Justice is vigorously defending in numerous Federal courts across the country President Obama’s signature health care reform law, the Patient Protection and Affordable Care Act (Public Law 111-148), and the related Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), after these bills barely passed both chambers of Congress on party line votes, and whose critical Individual Mandate provision has been declared unconstitutional by, separate Federal district courts in the cases of Florida v. Department of Health and Human Services, Case No.: 3:10-cv-91-RV/EMT (N.D. Fla., Jan. 31, 2011), and Virginia ex rel. Cuccinelli v. Sebelius, No. 3:10cv188-HEH (E.D. Va., filed Dec. 13, 2010); and

Whereas the vast majority of Americans believe that marriage should continue to be what it always has been–the legal and spiritual union between one man and one woman: Now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the Congress–

(1) condemns the Obama administration’s direction that the Department of Justice should discontinue defending the Defense of Marriage Act; and

(2) demands that the Department of Justice continue to defend the Defense of Marriage Act in all instances.

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Comments

16 Comments

Carl
Comment posted March 15, 2011 @ 9:48 am

How does this legislation create jobs or forward the cause of freedom from a tyrannical government run amok? And how much of the taxpayers time/money was wasted in it’s purely symbolic and ineffectual drafting? Just another feel good bill for the American Taliban.

Praise Jebus, God hates committed, loving couples, Amen.


Randy King
Comment posted March 15, 2011 @ 11:11 am

Not unlike the Democraps Senate Bill to over-turn DOMA?

The Repubs House Bill condemning Obama’s inaction on DOMA should focus more on Obama’s willful misrepresentation of DOMA in Federal court. Obama never supported DOMA as he went to great lengths to undermine the law under false pretense by refusing to address all the points used to uphold DOMA in previous court rulings.

This rebuke will serve notice that the people will not stand on the side lines as corrupt elected representatives place the demands of the few over the needs of the many.


LadyKofOlmsted
Comment posted March 15, 2011 @ 12:27 pm

DOMA remains law unti either Congressional Repeal, the SC, or an Executive Order says otherwise.

It’s that DOMA is no longer be defended in Federal Court.


Salman
Comment posted March 15, 2011 @ 1:22 pm

Thank you very much, Minnesotans, for Michelle Bachmann.

It’s quite sad to see the legacy of anti-civil rights is still around today, occurring on both sides of the party. It’s a shame and it will make America look silly, regressive and outdated when history judges this era.


Carl
Comment posted March 15, 2011 @ 1:52 pm

@ Randy,

No, in the name of Jebus, I rebuke YOU sir!

Praise Jebus, God hates fundamentalist code words, Amen.


Mark
Comment posted March 15, 2011 @ 2:06 pm

What other country on the face of this planet spends 365 days of the year campaigning? No wonder nothing gets done and you’re going down the tubes.

Get on with doing things -this is so painful to watch.

And stop spanking your president in public. You do know that your neighbor countries can see you, don’t you?


David in Houston
Comment posted March 15, 2011 @ 2:38 pm

Ms. Bachmann seems to be under the false impression that if a majority of people vote for a law, that it automatically makes the law rational, non-discriminatory and constitutional. Hardly. There is NO rational basis for DOMA.

Decades ago, 31 states had bans on interracial marriage. I have no doubt that Michele would have been the first one to applaud those states for protecting traditional marriage. Bigotry is bigotry… only the target has changed. Unfortunately, people like Michele haven’t.


tk52
Comment posted March 15, 2011 @ 2:44 pm

Jobs, Michelle, jobs.
That is what is needed not more government control of peoples lives.
Although one really expect more from Bachmann now,can they?


tk52
Comment posted March 15, 2011 @ 2:46 pm

Although one really expect more from Bachmann now,can they?
OOPS
It should say one CANNOT really expect more from Bachmann.


Liquid
Comment posted March 15, 2011 @ 2:49 pm

@Randy:

You refer to “the demands of the few over the needs of the many”.
In what way is it a ‘need’ of yours that I would not be allowed to marry my partner?


Randy
Comment posted March 15, 2011 @ 2:52 pm

A condemnation from Rep.. Bachmann? Now you know what’s better than a Nobel Prize.


Eric
Comment posted March 15, 2011 @ 2:53 pm

Randy King wrote:

“This rebuke will serve notice that the people will not stand on the side lines as corrupt elected representatives place the demands of the few over the needs of the many.”

By “many” you must be referring to non-homosexual people. If so, it’s not the least bit apparent what “needs” you’re alluding to. Would you care to try again with an actual well formed argument?


marie
Comment posted March 15, 2011 @ 4:12 pm

The Fundamentalists are the ones that should be considered the few. It is NOT representation of the average American.


Carl
Comment posted March 15, 2011 @ 5:02 pm

@marie- Well put.

Praise Jebus, God hates hope, Amen.


Eric
Comment posted March 15, 2011 @ 7:20 pm

Carl–lol


Ned Flaherty
Comment posted March 18, 2011 @ 2:08 am

Rep. Michele Bachmann is uninformed about both DOMA and the American Constitution — on 4 points.

Firstly, she believes — mistakenly — that she can impose her ancient religious tests for sanctity, holiness, and saintliness upon everyone else. She can not. America was founded on both freedom of religion, and on freedom from religion, and what she wants to do is unconstitutional. Bachmann is not allowed to impose her beliefs upon other sects any more than other sects are allowed to impose their religious beliefs upon her. To impose her religion upon others, she would first need to move to a theocratic nation where her religion is mandated by federal law, and where those outside of her religion are criminals. That happens in theocracies like Iran, not democracies like America.

Secondly, Bachmann also believes — again mistakenly — that DOMA can survive constitutional challenges so long as a majority of Congress simply wants to keep an unconstitutional law. That’s untrue. When striking down the laws that forbade inter-racial marriage in 31 states in 1967 and that invalidated same-sex marriage in about 33 states in 2010, it didn’t matter how many politicians favored the laws; all that mattered was that the courts found those laws to be unconstitutional.

Thirdly, Bachmann also believes — again mistakenly — that President Obama decided to stop defending DOMA. That is untrue. Obama did not order the DoJ to stop defending DOMA; Obama and DoJ mutually agreed to comply with the courts’ long-standing criteria for how the constitutionality of a law is defended. In the case of DOMA, because of recent cases and latest science, such defenses can no longer be made.

Fourth, Bachmann also believes — again mistakenly — that she can simply demand that DoJ defend DOMA’s constitutionality, even though long-standing court procedures don’t allow it. She can not.

Finally, Rep. Bachmann could have avoided all four of her mistakes by reading the DoJ’s explanation in “Statement of the Attorney General on Litigation Involving the Defense of Marriage Act” (Department of Justice Public Affairs Office, 23 February 2011).


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