Because Maggie Gallagher is the nation’s expert on marriage discrimination, she appeared on Fox News this afternoon to take a swipe at Barack Obama‘s decision to stop enforcing the Defense of Marriage Act, and Attorney General Eric Holder’s decision to stop defending the law in court. “This is an end run on our normal constitutional process,” says Gallagher, “and we’re going to be seeing a lot more of this by President Obama now that he faces a Republican-dominated Congress. He’s not only refusing to defend the law, he has unilaterally declared that gay is like black — that orientation is now subjected to strict scrutiny.” You mean a class of people born with an immutable characteristic get to have their rights protected by one of the law’s most stringent barriers? Amazing! Snaps, of course, to Fox News’ for complaining only when DoJ doesn’t defend the laws it likes.