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-- the president announcing yesterday that in his view of the duly enacted law defining marriage as between a man and a woman is unconstitutional.
His Justice Department announcing it will no longer defend that -- court.
Critics call the move quote it truly shocking extra constitutional power grab and even the president's supporters admit.
This -- will almost certainly result in bans on same sex marriage.
Being declared unconstitutional.
Dan Garcia president of copper -- ghost writers in a democratic strategist so Dan that's.
That Jonathan Turley who is so you know left leaning lawyer who is respected by folks on both sides of the aisle is the when it came out with that saying.
Look that that this decision means this is a quote that.
It will almost certainly result in bans on same sex marriage being declared unconstitutional.
And the president has done that essentially by executive Fiat by saying I've decided it's unconstitutional and the Justice Department -- us to.
There -- no longer gonna do what the DOJ is tasked with doing which is defending federal statutes.
-- -- -- -- So question this is a serious and consequential decision by administration they didn't take it lightly.
But I think it's the right decision.
And I think they're doing it for the right reasons this notion that's for politics are playing to the basis I think is totally unfounded and bespeaks the cynicism that's out there about every move by the but the president's opponents.
But I think it there's there's a level scrutiny it's getting because this is a rare and very unusual move for a president to do to refuse to have the government refused to defend a law passed by congress.
-- judges are -- not normally the DOJ's job to go in there and defend federal statute when they get challenging when the president disagrees with -- evenly you don't like because you have to have that you can't have President Bush coming in saying all I -- the stuff Clinton gets on the accident and forced -- president but Obama coming in saying.
I hate the stuff bush did I'm not gonna defend it just can't have a country run that way.
So that's why it's so unusual and extraordinary but you say justified in this case.
Yes I think -- -- in cases when there a president in the government determines that a law.
It's unconstitutional and it strips -- fundamental rights which is what they determined here.
I think the president has an obligation let's look at it if the congress passed a law we segregating the schools this kind of ridiculous but if they did that would you expect your president just kind of sit on their hands and defend that law no I would want them to say I want my presence in upstate that is -- above and beyond the -- -- constitutional and so extreme that robs people -- their fundamental right -- Is the fundamental right -- issue here bomb equal treatment under the law so -- gays to marry that's hurt.
How does that square with president Obama's statement during the campaign back in 2008 we've got the full screen up this is when he was candidate Obama.
As follows quote I believe that marriage is between a man and a woman.
And I am not in favor of gay marriage.
-- on say what I believe is that as we have strong civil unions and provide legal rights to same sex couples I think that is the direction we need to go.
So he is on record saying he believes marriage between a man -- woman he's not favor of gay marriage.
That certainly doesn't seem to square with his current opinion which is it's unconstitutional.
To say that marriage is between a man and woman what.
That's the subtext of this that this decision -- and the president in the White House have been very clear that they're not saying the president himself -- reversed his position.
-- his support for gay marriage he believes it's -- prosecution always saying that defense of marriage Iraq.
There's on -- which defines marriage as Katrina that the federal level that's right that doesn't mean that's the stakes couldn't do it.
I'll come hot dog but you know what I'm saying though is this is a specific ruling about a -- not a president individual position however I think what will likely happen.
Is that the president's future holds -- at some point -- views of of.
All yesterday senator senator Robert Gibbs says his views are evolving -- -- -- the president the president said -- -- are evolving as are many Americans I don't think you know are so the but let me ask you this OK because.
I -- many Americans views on -- -- -- -- and and and more and more people are are being in a more open minded to gay marriage and they were sixteen years ago right when this thing was passed under President Clinton.
But normally what you do in those circumstances -- you go in to the congress and you say I'm the president -- lead on this issue this law is wrong I'll tell you -- -- It's it discriminates against gays it's violates equal protection clause and I am I am submitting a bill to you I want you to send me -- -- Revoking don't -- And changed the law.
Just a couple weeks ago it came after the president made a political calculation accurately probably.
He doesn't have the votes in the in the congress to do it that's and now we get this that president and around the legislative process don't think.
It's an end around around there the process I will agree with you though ideally you do want -- president to -- that way and I think people who support gay marriage would wish that the president would do that however.
There is in external factor here which is there are constitutional cases being brought in federal courts challenging -- on challenging abandoned -- marriage and the president.
Is being forced to justice spartans being forced to make a decision here whether it's -- to defend the law they've been doing for two years and as every other Justice Department has done before that that's right so this is not an arbitrary decision or political decision there there's not over what I'm saying is there's a deadline that's.
That's coming up about what they had to file.
A brief -- whether they're gonna defend along.
No but they've already filed many other briefs defending the law.
They're their only defense for changing their position now seems to be.
Well these cases are in the second circuit which is basically -- to New York region and in that circuit does not binding precedent that's that tells us.
The law has to be treated as -- so we have to figure out how allies treated by ourselves and given that apps is -- -- president we determine.
It's unconstitutional so we can't going to court argue otherwise I mean let me tell you.
Very as a basis for -- argued that its constitutional they may not.
Believe -- but there is a legal basis of that arguing -- which is why they're -- -- say.
The decision not to is very much a political what's a wide -- to stand up and take your licks and look at the gay and lesbian community is say I am with you now I might use at evolved.
Well I think there's two reasons for that one is as you pointed out as a practical matter the votes aren't there to overturn this on Manhasset on through the courts.
But secondly and more importantly the president's own views are are factor here how he is he's been on record saying I'm -- -- I don't think he's ready.
To took embraced -- up well to embrace the position that wholeheartedly lead an issue I wish he ever was really against -- which I do I do I think a lot of democratic politicians have struggled with this because it involves some very because you can't say that -- -- get elected president.
I think it's less about that now I think for a lot of -- Politicians it's it's a matter of religion this is something that their faith has taught them for -- -- you believe that I didn't Obama that he's wrestling with this at from a religious respect I think he has I think a lot of Democrat and as -- -- the church over the past couple of years he's come to realize that his perspective earlier was wrong.
I can't get inside his head and understand why the Euro area network can't how tough -- I don't think that I don't think that's a sort of show I think a lot of politicians of change -- -- Bill Clinton's changes position.
He's he's -- -- a -- to -- your -- into namesake constant gay marriage for him it was a -- it was a it was -- compromise.
You believe that Bill Clinton didn't want gay -- at that -- well I don't -- a political decision -- -- I don't think he supported her to report okay well leave it because you -- the democratic strategist.
And you would know next Wednesday that can't thank you so much for its pleasure.
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