Obama Administration Flips After Two Years Of Defending Defense Of Marriage Act, Now Says Government Will Not Defend DOMA In Court

The Wall Street Journal reports that the "Obama administration said Wednesday that it would not defend the constitutionality of a 1996 federal law that defines marriage as the union of a man and woman, after two years making the opposite argument. The legal turnabout marks a contrast with the Justice Department's argument in recent years that it generally is obligated to defend federal laws, even when the administration opposes them. The administration made that assertion in defending the law that previously banned openly gay people from serving in the U.S. military. Congress has since repealed the 'don't ask, don't tell' law. "

Michael Steel, a spokesman for Mr. Boehner, said: "While Americans want Washington to focus on creating jobs and cutting spending, the president will have to explain why he thinks now is the appropriate time to stir up a controversial issue that sharply divides the nation."

Senator Orrin Hatch said in response that "President Obama’s personal politics are trumping his presidential duty. Congress overwhelmingly passed the Defense of Marriage Act, a Democratic President signed it into law, and the Justice Department has a duty to defend it. It is deeply disturbing to see politics further distort the Department of Justice."

"It's increasingly obvious this President cares little about the Constitution, but cares deeply about pandering to liberal interest groups. Traditional marriage is the foundation of America's culture, and the President's refusal to defend marriage undermines our nation's strength," said one of Obama's chief opponents, Sen. Jim DeMint, R-SC. "The Defense of Marriage Act is the law of the land and the President's administration hasn't challenged its constitutionality for two years. It's only in the run-up to reelection that he's suddenly changed his mind. If the President is seriously concerned about unconstitutional laws, he should abandon his defense of the health care bill."

Rep. Lamar Smith, R-Tex., chairman of the Judiciary Committee, accused the Obama Administration of politicizing the Justice Department, adding, "The Justice Department has a responsibility to defend the laws passed by Congress regardless of the personal political views of the President or the Attorney General. The Obama Administration's decision not to defend the Defense of Marriage Act is irresponsible. There is no rule that requires the Justice Department to apply a higher standard of proof in these cases."

"It's disappointing that the Obama Administration continues to place politics above the will of the American people," Smith said.
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