Obama's Refusal to Defend DOMA

624: Research Paper 01: Obama’s refusal to defend DOMA
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Introduction
US presidents make decisions related to domestic, economic and foreign policies, but organized interest groups may lobby for specific policy initiatives. The President has political resources to help him/ her influence policy, but there are constraints that affect their ability to provide political leadership. Even as the President makes decisions on domestic policies there is a need to take into account past reactions from the press and the public on particular policies. President Obama’s call for ‘marriage equality’ for gay couples has been a contentious issue that has endeared him to some of his supporters, while pro- traditional marriage opponents have vehemently opposed his actions. The question of marriage is a moral issue with the constitution also providing a basis to understand how the marriage issue is framed.
Thesis Statement: President Obama’s support for repealing Defense of Marriage Act (DOMA)
Obama’s leadership and Defense of Marriage Act (DOMA)
The framers of the constitution highlighted the separation of powers with the Presidents in a position to recommended legislations, executing the law and this has been the basis for domestic policy making. Even though, Congress was mostly associated with crafting policies in the early years, presidents have increasingly sought to influence domestic policy. For Presidents to succeed they need to promote legislative priorities while also packaging the message by taking into account the political environment. Despite opposition to same-sex marriages, Obama has framed the need to repeal aspects of DOMA as a human rights issue to drum up support for the recognition of same-sex marriages.
Since Obama’s stance to support equal rights for same-sex couples had no legal basis, the repeal of Defense of Marriage Act (DOMA) or changing some of the provisions have been considered. The challenges to extending marriage rights to same-sex couples were present because of judicial decisions, statutes and constitutional amendments. Most federal provisions recognize that not all marriage benefits can be enjoyed by same- sex couples. DOMA clearly outlined that marriage was a legal union between a man and a woman, while it did not recognize the legal status of same-sex couples as spouses and no state was obligated to recognize same-sex marriage performed in another state . President Obama envisions the removal of federal restrictions for same-sex couples as the turning point for the recognition of these marriages.
In 2011, President Obama’s intention to do away with DOMA was articulated after he sought to have the statute lose its protection that is protected at the federal level. In the first term, the Democrats held majorities in both houses and Obama was on the offensive, but he changed tact in the second term having lost the lower house. President suffered losses in the 2010 midterm elections, but by stating that DOMA was unconstitutional the following year he drew attention to the issue of gay marriage. However, in his attempts to tackle the issue of equal marriage rights, he did not specify the best strategy to achieve this. For ‘marriage equality’ supporters, the main strategy was to influence the support of same-sex marriages, and draw parallels with traditional marriages. This strategy highlights marriage rights to incorporate same-sex couples in a wider jurisdiction, by framing the issue that there are essentially no differences between traditional marriages and LGBT community. Lenhardt argues that this perception has often divided advocates of same-sex marriages since it seeks to align such unions with the traditional marriage.
Constitutionally
There is an element of activism in Obama’s actions in many domestic policies, while expressing more reservation on foreign matters and focusing on legalism to shape his leadership. Additionally, the Supreme Court has also allowed Obama to project a strong bias towards the Democratic Party in interpreting the law through articulating its positions on the most contentious issues. However, the Supreme Court has also been a challenge to Obama’s leadership given that the judges do not attach too much importance to some of his congressional initiatives, to the extent that the president can single out his disappointment with the Supreme Court rulings. This demonstrates the president Obama’s frustration with implementing his vision of America, given the presidents commitment to political relativism.
President Obama merely used his executive power by refusing to defend DOMA, but also brings into focus his constitutional mandate and extent to which he can exercise his powers. Devins and Prakash, highlight that the constitution does not obligate the President to defend the federal statutes that they deem unconstitutional, nor is it expressly mentioned that he has to enforce the laws. The Take Care Clause provides that a President enforce laws made by the Congress unless it is repealed or overruled by the Supreme Court. Nonetheless, the president is also required to refuse enforcing an unconstitutional law on citizens, and take action in light of the unenforcement. President Obama asserted that section 3 of DOMA violated the equal protection guaranteed by the Fifth Amendment, but the enforcement would go on until the statute was either repealed by Congress or done away with by the Supreme Court.
Philosophically
Even though, the issue of same-sex marriage and gay rights does not feature prominently among African Americans, Obama progressive stance enabled him to articulate his vision in his first presidential bid. President Obama integrated the pro-choice pro-life and social leaning values, welcoming Democrats, independents and Republicans who held these values. Although, often overlooked Obama drew inspiration from his spiritual experiences as an African American man who recognized that white liberal Protestants were not well represented in politics. It is an unexpected attempt to integrate elements of progressive Religious Left that has often received little attention in the media.
Despite suggestions that Obama’s political theology emanates from Islam, this is not the case as Rev. Jeremiah Wright has had a profound influence on his worldview. Rev. Wright is a progressive African American preacher who schooled in theological institutions with a history of supporting the progressive social reforms. Wright also espoused liberal Protestant ideals that inspired liberal white Protestant denominations, as they emphasize the importance of civil rights as well as abortion rights and increasingly support for gay clergymen as well as gay marriage. It is no coincidence that President Obama views same-sex marriage in the same lens as the fight for civil rights.
Qualitatively
The ruling in a Boston Appeal Court that DOMA was unconstitutional reignited the debate on the place of marriage equality in American laws. The support for marriage equality under president Obama is seen as advancement in the civil rights of same-sex couples, but one of the less cited benefits is that it has health...