Politics

Justice Dept. "Grudgingly" Stands Up for DOMA

| by FRC

After waiting until the last possible second, the Department of Justice (DOJ) finally put an end to the suspense and filed an appeal in federal court on behalf of the Defense of Marriage Act (DOMA). But it did so grudgingly, as the text of the brief spells out in very candid terms.

 

"Indeed, the President supports repeal of DOMA and has taken the position that Congress should extend federal benefits to individuals in same-sex marriages," the government writes. "But... the Department of Justice has long followed the practice of defending federal statutes as long as reasonable arguments can be made in support of their constitutionality, even if the administration disagrees with a particular statute as a policy matter, as it does here."

In their filing, DOJ made a point of saying they deny Congress's "purported" interests, most notably the impact of marriage on children. In fact, the Obama administration is taking the exact opposite tact by citing questionable studies that claim children raised by same-sex couples do just as well as those raised by opposite-sex couples. They even label states that allow same-sex couples to "marry" as "courageous."

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Apparently, the administration is so fixated on making the homosexual community happy that it's not even working to uphold what's best for kids. In this instance, the Justice Department seems to imply that by doing their job they're somehow doing America a favor. Hardly! Defending the law is DOJ's whole reason for existence. So while the President may have strong feelings on the matter, they by no means excuse him or his administration from doing its duty.

Since the President is failing to live up to the responsibilities his elected office holds, it is within Congress' explicit right to intervene to defend the laws they have passed. This current appeal is already shoddy substitute for the compelling argument that the statute--and American families--deserve.