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"Obama has absolutely 100 percent no choice about defending DOMA"

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DRoseDARs Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-12-09 05:29 PM
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"Obama has absolutely 100 percent no choice about defending DOMA"
This statement, posted in a thread today regarding the legal brief filed by the Obama DOJ in defense (of the indefensible) DOMA, is "absolutely 100 percent" false, and yet I've seen it repeated over and over on this issue. John Aravosis and Joe Sudbay of AMERICAblog weigh in with legal historical facts:

http://www.americablog.com/2009/06/obama-doj-lies-to-po...

"Ben Smith at Politico just reported the following statement from the Department of Justice over their brief, filed last night, comparing gay marriage to incest:

'As it generally does with existing statutes, the Justice Department is defending the law on the books in court. 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.'

Yeah, you see, that's an outright lie. Fortunately for you, and unfortunately for Justice, Joe and I are both lawyers. We suspected this betrayal was coming, so we read up on the law. In fact, George W. Bush (ACLU et al., v. Norman Y. Mineta - "The U.S. Department of Justice has notified Congress that it will not defend a law prohibiting the display of marijuana policy reform ads in public transit systems."), Bill Clinton (Dickerson v. United States - "Because the Miranda decision is of constitutional dimension, Congress may not legislate a contrary rule unless this Court were to overrule Miranda.... Section 3501 cannot constitutionally authorize the admission of a statement that would be excluded under this Court's Miranda cases."), George HW Bush (Metro Broadcasting v. Federal Communications Commission), and Ronald Reagan (INS v./ Chadha - "Chadha then filed a petition for review of the deportation order in the Court of Appeals, and the INS joined him in arguing that 244(c)(2) is unconstitutional.") all joined in lawsuits opposing federal laws that they didn't like, laws that they felt were unconstitutional. It is an outright lie to suggest that the DOJ had no choice."
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