Really awkward moment: Obama calls for end of DOMA, but DOJ defends it in court

President Barack Obama insisted Monday he still wants to scrap what he calls a discriminatory federal marriage law, even as his administration angered gay rights activists by defending it in court.

The president said his administration's stance in a California court case is not about defending traditional marriage, but is instead about defending traditional legal practice.

Justice Department lawyers filed new papers Monday seeking to throw out a lawsuit brought by a gay couple challenging the 1996 Defense of Marriage Act, or DOMA. Gay rights groups say that by doing so, the administration is failing to follow through on campaign promises made by Obama last year to work to repeal the law.

Department lawyers are defending the law "as it traditionally does when acts of Congress are challenged," Obama said in a statement.

Obama said he plans to work with Congress to repeal the law, and said his administration "will continue to examine and implement measures that will help extend rights and benefits" to lesbian, gay, bisexual, and transgender couples under existing law.

http://news.yahoo.com/s/ap/20090817/ap_on_go_ca_st_pe/us_gay_marriage

Why is the DOJ defending DOMA?


What the fuck?

At issue in the lawsuit is whether the law is constitutionally permissible. Plenty of things are constitutionally permissible but bad public policy.

To take an extreme example, suppose Congress votes to abolish Medicare, and overrides Obama's veto. A former Medicare recipient then sues the United States Government demanding that it reimburse her for doctor bills incurred after the repeal. She argues that the repeal was unconstitutional. The Department of Justice would defend the government in the lawsuit and would argue that repeal of Medicare was not unconstitutional. (I hope it's obvious that the Constitution doesn't require that we have Medicare.) The DoJ would make that argument even as Obama tried to persuade Congress to re-establish Medicare.

If this bothers you, put the shoe on the other foot. After Sarah Palin is inaugurated as President, some greedhead corporation brings a suit arguing that the Endangered Species Act is unconstitutional. Palin announces that she doesn't like the ESA and thinks Congress should repeal it. Thereupon, Palin's DoJ refuses to defend the suit. The only parties to the case are the corporation and the U.S. Government, and neither of them presents any argument in favor of the ESA. The left would be upset, and rightly so.

Obama is correctly discharging his constitutional responsibilities.

They didn't even bother to mention this part of the brief filed by the DOJ:



Furthermore, AP omits what the President had to say on the matter: