This morning the Department of Justice finds itself in a rather embarrassing dilemma. One month ago, the DOJ filed a brief in federal court defending the Defense of Marriage Act (DOMA–the federal statute protecting the definition of marriage on the federal level) against a legal challenge from a homosexual couple demanding federal benefits. Click here for more on that lawsuit (2nd story down).
After receiving a considerable amount of heat from enraged homosexual activists for defending the constitutionality of DOMA in court (it is the DOJ’s job to defend federal law), the White House capitulated today by filing court papers claiming that DOMA is, in fact, discriminatory and should be repealed.
During his campaign, Obama promised to support a complete repeal of DOMA, so this move comes as no real surprise. For the moment, Obama hopes to placate homosexual activists with his legal challenge to DOMA, but that’s not the only challenge DOMA faces right now. We know the Human Rights Campaign is currently lobbying Feingold to take the lead on the legislative front to overturn DOMA.
As it stands right now, however, the Obama Administration is on record as claiming DOMA is both constitutional and discriminatory. So which one is it? As Tevya sagaciously pointed out in Fiddler on the Roof, they (or in this case–two sides of the same DOJ) “cannot both be right.”