You’ll recall that one of the open questions left after the White House meeting with LGBT news media last week was the issue of whether the “fierce advocate” President, who has repeatedly said that DOMA is discriminatory, actually believes it is also Constitutional. This administration has been keeping its head in the sand on this one for quite some time, as if it didn’t notice the handful of marriage cases winding their way to the Obama DOJ.
And now it doesn’t really matter what he believes in theory; this President is going to have to make a choice — have his DOJ defend DOMA in court (using the “I have to” defense), or decline to defend. Either way, there’s no way to hide, no way to split the baby, pick your metaphor. He can expect a sh*tstorm from the LGBT community of epic proportions if appealed, and the right wing could have an issue to harp on if the DOJ declines. (Raw Story):
Obama US Attorney expected to stand behind federal gay marriage ban, plaintiffs say
White House declines comment; Political implications could be enormous
The gay rights law group that convinced a federal district court judge Thursday to strike down a federal ban on gay marriage has told the New York Times they “fully expect” the Justice Department to appeal the decision — a move that could shatter Obama’s image in the gay community and cost his party millions of dollars in donations from gay donors.
“Lawyers on various sides of the issue said it was a certainty that the government will appeal and likely that the cases will reach the Supreme Court,” Politico added Friday. Such an appeal would be filed by the Obama-appointed US Attorney Carmen Milagros Ortiz, who was confirmed last November by the Senate.
In an email Friday, a White House spokesperson told Raw Story, “This is a question for the Justice Department.” “The only comment I have is the Department is reviewing the decision,” Tracy Schmaler, a Justice Department spokesperson, told Raw Story shortly after.
…Hillary Goodridge, one of seven couples that sued — and won — gay marriage rights in Massachusetts, expressed disappointment in a Friday morning phone call.
“I would find it very disheartening that they would choose that course of action,” Goodridge told Raw Story. “I want to see the president and his administration committed to full marriage equality.”