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Commentary – Defense of Marriage Act

Dear Messrs. Reid, McConnell, Boehner, and Ms. Pelosi:

It has been widely reported that the President has directed the Department of Justice to cease defending in court the Defense of Marriage Act (DOMA), which was passed by overwhelming majorities in both houses of Congress and signed by President Clinton.

The announcement disturbs The American Legion for at least two reasons:

1. The American Legion supports by resolution the proposition that marriage is inscribed in human nature and centered on the voluntary union of a man and a woman in a lifelong covenant and we oppose all efforts to undermine, alter, or otherwise corrupt the institution of marriage.

2. Also, The American Legion believes in the separation of powers prescribed by our Constitution.  Hence, the President should not have the constitutional power to declare a law unconstitutional and then proceed to ignore it.  We understand that it is not without precedent for a President to be disinclined to enforce or defend laws he finds unpalatable, and the courts have found that he can do just that under the rational basis standard.   However, such action clearly contradicts the intent of Congress, which passed DOMA by overwhelming majorities, and it is inconsistent with the powers granted to him by the U.S. Constitution, Article II, Section 3, which states: [The President] shall take care that the laws be faithfully executed.

Therefore, on behalf of the 2.4 million wartime veterans comprising The American Legion, I respectfully request that the Congress, as a whole and individually, use all means at its disposal to ensure both enforcement and defense of the Defense of Marriage Act, up to and including appealing to the U.S. Supreme Court for a ruling on its constitutionality in whole and in part.

JIMMIE L. FOSTER National Commander – American Legion

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  1. Whether same sex marriage is the top issue of the day or considered
    of such great importance to many conservatives the legality of denying
    Gays the right to marry is unconsitutional. Many nations, including South Africa allow Gays to marry. America has a motto I believe which ends in the phrase “Freedom & justice for All”. I believe the U.S. consitution will prevail and any attempts to deny citizens their rights will only fail. Sorry!

  2. Same ole story, Ed. “Right’s” by your standards are not right’s by the standards of others. I happen to like nudity. But the standards of others make me put on pants (at least) when I go to Walmart. If I go nude, they put me in jail. Many nations if Africa have nude people running all over the place so why cannot we do it here? There is something beyond “rights” and it’s called moral values but even there people have different opinions. As for me, I’ll wear my pants and stand with the American Legion.

  3. Bubba, what does the issue of nudity have to do with Gay rights? We are talking about a sexual orientation for a very small minority of people.
    Countries which have Gay marriage are: Canada, Mexico, Iceland,Ireland,
    Luxembourg, Netherlands, Norway, France, Portugal, Belgium, Croatia,
    Finland, Denmark, France, Germany Hungary, Spain, Sweden, Switzerland and the United Kingdom.
    These are some of the most advanced countries on the planet.
    There are other views of this issue also by conservatives who believe it will be a good thing for Gays to have stable relationships. I saw a Fox Poll recently that said most Americans believe Gays should have the right to marry and it has become less of an issue, Among the under 30 set it is hard to find anyone opposed to Gay marriage FYI.

  4. Your list of “some of the most advanced countries on the planet” leave me wondering what planet you are from, Ed. The donkey and cart are still the standard of transportation in several of these “advanced countries”, four of them are essentially bankrupt, not to mention the remaining ones drive on the wrong side of the road.

    All I’m saying ole Boy is that your standard is not my standard. Your values are not my values and no matter how many societies accept deviant sexual behavior I’m still not swallowing it!. Oh yeah, the issue of nudity is just a parallel example of another standard upon which society happens to have different views. Frankly, I really don’t care what you might do with another male in your own home but PLEASE don’t try to make me out to be the one out of step with contemporary thinking. BTW, I use the term “me” to include all who don’t see it your way.

  5. ….but you gave one anyhow! No problem Ed, I (unlike you) can accept that others have different views and that many will not agree with me. That’s sort of what makes the world go ’round. I think what’s unfortunate is that you make your claims and then try to squash opposition by bowing out of the discussion when someone points out your errors or otherwise overpowers you with reason against your unreasonableness. Where’s the hate, Ed? It’s just a different view!

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