Gay-rights groups blast admin. brief
Posted: Friday, June 12, 2009 3:27 PM by Mark Murray
Filed Under:
White House, Barack Obama
From NBC's Mark Murray
Gay-rights groups, such as the Human Rights Campaign, are criticizing the Obama administration for filing a brief in California court that defends the Defense of Marriage Act -- which Barack Obama promised to repeal while running for president.
“The Administration apparently determined that it had a duty to defend DOMA in the courts. The president has just as strong a duty to put his principles into action, and end discrimination against LGBT people and our families,” said HRC President Joe Solmonese. “We call on the President to send legislation repealing DOMA to Congress,” he added.
This is the latest administration move that has irked gay-rights groups, which also have questioned Obama's commitment to overturning "Don't Ask, Don't Tell" and complained when he picked Rev. Rick Warren to deliver to deliver the prayer at Obama's inauguration.
A Justice Department spokesman said that administrations typically defend, in court, the laws on the books -- even ones they disagree with. "The president has said he wants to see a legislative repeal of the Defense of Marriage Act because it prevents LGBT couples from being granted equal rights and benefits. However, until Congress passes legislation repealing the law, the administration will continue to defend the statute when it is challenged in the justice system." (Hat tip: Ben Smith.)
Indeed, the DOJ spokesman points to this standard on defending statutes: "Executive Branch agencies will enforce federal statutes unless they are clearly unconstitutional and the Department of Justice will defend statutes against constitutional attack whenever reasonable arguments can be made in their defense."