Obama angers gays with marriage law defense
Bob Egelko, Chronicle Staff Writer
Friday, June 12, 2009
(06-12) 20:02 PDT SANTA ANA, CALIF. -- President Obama, who said as a candidate that he would seek repeal of a law denying federal recognition of same-sex marriage, has angered gay rights groups with court arguments portraying the law as a nondiscriminatory measure that "preserves scarce government resources."
The Justice Department's filing with a federal court in Santa Ana was the administration's first statement on the constitutionality of the Defense of Marriage Act, the 1996 law that denies federal marriage benefits to same-sex couples. Those benefits include joint tax filing, Social Security survivors' payments and spousal immigration status.
The law also allows states to withhold recognition of same-sex marriages performed in another state or country.
Obama called the law "abhorrent" during the presidential campaign and said he would work to overturn it. He has not presented any such legislation to Congress since taking office, however.
"We ask him to live up to his emphatic campaign promises, to stop making false and damaging legal arguments, and immediately to introduce a bill to repeal (the Defense of Marriage Act) and ensure that every married couple in America has the same access to federal benefits," the National Center for Lesbian Rights said Friday.
The Justice Department issued a statement saying Obama wants the law repealed "because it prevents LGBT (lesbian, gay, bisexual and transgender) couples from being granted equal rights and benefits. However, until Congress passes legislation repealing the law, the administration will continue to defend the statute when it is challenged in the justice system."
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