In an unexpected move (particularly in the midst of the Libyan crisis), President Obama signaled that he thinks the Defense of Marriage Act (DOMA) is unconstitutional, and he has instructed Attorney General Eric Holder and the Justice Department (DOJ) to cease defending cases brought against DOMA. The wording of this surprise announcement suggests that the decision is another instance of this president’s politicizing the administration of justice: the White House ordering the Justice Department what it should do in order to appeal to the extreme elements of its political base. So much for Obama’s pivot to the middle, not that there was much doubt about that after his kowtowing to the unions in the Wisconsin inbroglio.
The president declared that Section 3 of DOMA (the part that prohibits the federal government from recognizing same-sex “marriages”) “violates the equal protection component” of the Fifth Amendment of the Constitution. This is the president’s latest bow to “gay” rights activists and his latest move out of mainstream values over to far-left policies that undermine the nation’s foundations and social structure. This is but the president’s latest move to disregard the laws of this country; he has repeatedly put his radical ideology and personal preferences ahead of the expressed will of the nation’s citizens. He seems determined to shape America into his image, regardless of what voters want or what the Constitution and national laws state.
DOMA clearly specifies the accepted national definition of marriage as for one man and one woman and protects individual states from being forced to recognize same-sex “marriages” performed in other states. In the past, the Department of Justice has routinely defended laws with which any given administration may disagree; that past practice makes the current decision even more offensive. In effect, our constitutional law professor-in-chief has decreed — based on his superior knowledge, and without the benefit of hearing any counter arguments — that there is “no reasonable defense” of DOMA and that the law is, by its very nature, “discriminatory.”