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Dear Daniel:
On February 23, 2011, Attorney General Eric Holder released a memo regarding two lawsuits challenging the Defense of Marriage Act (DOMA), Section 3, Pedersen v. OPM and Windsor v. United States. He said: "After careful consideration, including a review of my recommendation, the President has concluded that given a number of factors, including a documented history of discrimination, classifications based on sexual orientation should be subject to a more heightened standard of scrutiny. The President has also concluded that Section 3 of DOMA, as applied to legally married same-sex couples, fails to meet that standard and is therefore unconstitutional. Given that conclusion, the President has instructed the Department not to defend the statute in such cases."
The federal Defense of Marriage Act was enacted in 1996 by large bipartisan majorities in both houses of Congress and signed into law by President Bill Clinton. It insured that states would not have to recognize same-sex "marriages" from other states, and that the federal government would recognize only the union of one man and one woman as "marriage."
I believe the attack on traditional marriage is a seminal issue facing our country. America has a strong tradition of recognizing the family as a basic building block of society. There are many types of families, and I honor the sacrifices of single parents, foster parents and grandparents who undertake the responsibilities of parenting again. Yet, studies have consistently demonstrated what we have long known – the most healthy and stable environment for childrearing is a home where a mother and father love each other and both love their children.
Unfortunately, a small but vocal minority of the population has undertaken a campaign to undermine traditional marriage. In response, 42 states have passed Constitutional amendments or statutes to affirm the definition of marriage that has been in existence for centuries.
House Speaker John Boehner (R-Ohio) took a step Friday, March 4, 2011 toward formally defending the Defense of Marriage Act (DOMA) in court. Boehner said Friday that he would convene the Bipartisan Legal Advisory Group, a five-member panel provided for under House rules, to consider instructing the House's Office of the General Counsel to defend DOMA in court.
The Bipartisan Legal Advisory Group is a panel consisting of the Speaker, House Majority Leader Eric Cantor (R-Va.), Majority Whip Kevin McCarthy (R-Calif.), Minority Leader Nancy Pelosi (D-Calif.) and Minority Whip Steny Hoyer (D-Md.). Since Republicans enjoy a 3-2 majority on the panel, they could vote to instruct the nonpartisan counsel's office to take legal action in behalf of DOMA.
It is a privilege to represent you and I hope that you will not hesitate to contact me regarding any matter where I might be of assistance. Please visit my website [www.akin.house.gov], where you can find more information on current issues, share further thoughts with me via email and subscribe to my email newsletter for updates on issues you care about. Sincerely,  Todd Akin |
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