NO, Obama is NOT defending DOMA!

[Political Tiger]

I make this post with some hesitation, as unfortunately, it's probably going to be mostly ignored. I hope I am wrong, but it appears most people have already got their minds made up.....the majority of posts on this subject have made that clear:

"Obama defends DOMA in federal court. Says banning gay marriage is good for the federal budget."
"This week I was punished on this board for calling Obama a failure. I feel vindicated."
"Progressive Puppy blog heartbreakingly covers Obama's defense for DOMA."
"There is no possible excuse for Obama's defending DOMA in Federal Court"
"My respect has grown for all DU'ers, straight and gay, who have stood up against Obama on DOMA"
"Hand picked Assist. Atty. Gen. Filed The Motion to Dismiss Today."
"Fuck him."

Despite all the hoopla, the assertion that "Obama defends DOMA" simply is NOT true.

You see, the Department of Justice has a legal obligation to defend the United States when it is a party to a criminal or civil action. This has already been pointed out by some people and promptly dismissed by those determined to lay all the blame on Obama, however, try to deny that truth as one might, it is the truth.

This is laid out under Title 28, Section 547 of the United States Code:

United States Attorneys conduct most of the trial work in which the United States is a party. The United States Attorneys have three statutory responsibilities under Title 28, Section 547 of the United States Code:

•the prosecution of criminal cases brought by the Federal government;
•the prosecution and defense of civil cases in which the United States is a party; and
•the collection of debts owed the Federal government which are administratively uncollectible.

http://www.usdoj.gov/usao/index.html

But....but....but it's still Obama's fault! It had to be cleared with Obama! Obama had to have OKed the brief! Obama's hand is all over this! Obama hates the gays........

WRONG!

You see, under The United States Department of Justice - United States Attorneys Manual, TITLE 1; DEPARTMENT OF JUSTICE ORGANIZATION AND FUNCTIONS (http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title1/title1.htm), there is a section titled "Department of Justice Communications with the White House" (http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title1/doj00032.htm).

It reads, under Section 32:

It is imperative that there be public confidence that the laws of the United States are administered and enforced in an impartial manner. To that end, all components of the Department of Justice, including United States Attorneys' Offices, shall abide by the following procedures governing communication between the Department of Justice and the White House.

<...>

Pending Civil Investigations and Cases

The Department shall provide the White House with information about pending civil investigations or cases only when doing so is important for the performance of the President's duties and appropriate from a law enforcement or litigation perspective. Except with respect to national security matters, all initial communications that concern or may concern a pending civil investigation or a case pending at the trial level should take place only between the Office of the Counsel to the President and either the Office of the Deputy Attorney General or the Office of the Associate Attorney General, All initial communications that concern or may concern a civil case pending at the appellate level should take place only between the Office of the Counsel to the President and the Office of the Deputy Attorney General, the Office of the Associate Attorney General, or the Office of the Solicitor General. If appropriate with regard to a particular case or investigation, the Office of the Counsel to the President and the senior Justice Department official with whom the White House is dealing will design and monitor a process for ongoing contact between the White House and the Justice Department concerning that particular matter.

What does that mean? Well, it means pretty much what it says. In order to keep politics out of the process, the Department of Justice does NOT consult with the President, nor does it asks for the President's permission, nor does it brief the President in legal matters in which the United States is a party unless it "is important for the performance of the President's duties" or deals with "national security matters."

There is absolutely no concerted effort by President Obama or the Obama Administration to deny gay people anything, or to defend DOMA.

Simply put, it's just governmental business as usual, meaning the Department of Justice is simply doing what it is required BY LAW to do.

Now, I have made this post in good faith, and I hope it brings a better understanding to the issue at hand.

We can get mad or we can get educated.

I hope we choose to get educated.

Thank you for taking the time to read my post.