Defense of Marriage Law—Petition in support of


This petition deals with an inferior federal court judge’s illegal and unconstitutional decision dealing with a Congressional law to define marriage as between one man and one woman and allowing States to do the same. Note that the title for the court case is “Commonwealth of Massachusetts v. U.S. Department of Health and Human Services.” Consequently, this court case is specifically a case in which a State shall be a Party!

According to the U.S. Constitution:

“Article III

Section. 2.

1) The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;”

“In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a STATE (my capitalization for emphasis—my addition) shall be a party, the supreme Court shall have original jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.”

Shouldn’t EVERY American citizen be concerned that the Commonwealth of Massachusetts, the Attorney General of the U.S. and his staff, and an inferior federal judge seem to either not know or not care what the U.S. Constitution requires for this case—that the case BEGINS in the U.S. Supreme Court! Not at an inferior federal court located within Massachusetts. This decision IS illegal and unconstitutional!

That being said, the court did make a ruling and therefore I am posting a petition to the U.S. Attorney General. Seemingly, the executive branch of the U.S. government has little desire to appeal and support a legal law passed by the U.S. Congress. This too should be a major concern for EVERY American citizen. IS OUR FEDERAL GOVERNMENT CORRUPT OR JUST EXTREMELY INCOMPETENT?

From http://www.battleformarriage.net/petition

“Petition to the U.S. Department of Justice

Dear Attorney General Eric Holder,

As you are well aware, in the case of Commonwealth of Massachusetts v. U.S. Department of Health and Human Services, a federal judge granted summary judgment to the Commonwealth of Massachusetts in a decision that declares the Defense of Marriage Act (DOMA) unconstitutional. Judge Joseph L. Tauro of the Massachusetts District Court issued a ruling proclaiming that the federal DOMA, which defines marriage as the union of one man and one woman, violates the 5th and 10th Amendments of the U.S. Constitution.

Judge Tauro’s decision could have wide-ranging and significant effects on all states, especially those where marriage is protected by the Defense of Marriage Act. The weak case brought by your Justice Department ignored a number of factors typically used in legally defending marriage. Now, there are reports of hesitation as to whether the federal government will even appeal the decision despite the mandate to the Department of Justice to defend all statutes passed by Congress, even ones with which the current administration might disagree.

We ask that you file appeal before the September 7th deadline. If you do not plan to do your constitutional duty, we ask that you allow outside groups, including the Alliance Defense Fund, to fight on behalf of the large majority in Congress who voted for DOMA and the millions of Americans who voted within their own states to protect marriage.”

The following is a portion of the e-mail I received alerting me to the petition:

“President Obama has been getting much deserved pressure from his liberal allies regarding his stance on marriage, and for good reason. They know, as we do, that President Obama favors homosexual ‘marriage’ but tries to disguise his views. He knows the majority of Americans disagree with him and know that marriage is not, by nature, defined by gender.

While campaigning, President Obama spoke out against states that sought to protect marriage with constitutional amendments implying he would rather leave marriage decisions to an unelected judge. During the 2008 campaign, he spoke out against Proposition 8, the California constitutional amendment that defined marriage as between one man and one woman. This is the same victorious marriage protecting amendment that Judge Vaughn Walker, a federal district judge, struck down saying that support for such a definition is mere religious bigotry! Can you imagine? (As I’ve stated in a previous post, this also was an illegal and unconstitutional decision by an inferior court judge—my addition.)

Since taking office, the Obama Administration has done all they can to undermine marriage. Their latest assault concerns a federal challenge to the Defense of Marriage Act (DOMA). Recently, a liberal court in Massachusetts, after a weak defense from the Obama Justice Department, ruled DOMA unconstitutional. President Obama’s Justice Department is dragging its feet as they contemplate whether they will EVEN APPEAL the decision! If the Department of Justice does not appeal, it is unlikely outside defenders of marriage will even be allowed to defend marriage in court.

The Department of Justice is supposed to vigorously defend statutes passed by Congress, not roll over to appease President Obama’s political base. Please sign our petition asking the Justice Department to either file an appeal, or get out of the way and allow others to take up the case! We will deliver these petitions to the Justice Department the week of September 13.”

Note: The material says the federal government has until September 7th to file and yet the Attorney General will not be given the petition until the week of September 13th. I’m not sure of the correctness of the dates but am posting it as I received it and it is posted on the website. I did “sign” the petition.

Again, the website is at http://www.battleformarriage.net/petition