The Dept. of Justice, led by Eric Holder, is Barack Obama‘s personal litigation arm. So it should come as no surprise that, just as the Obama administration lobbied the Supreme Court not to hear a case regarding Don’t Ask Don’t Tell, it’s also trying to get the first same-sex marriage case thrown out of federal court.
AP: “The U.S. Justice Department has moved to dismiss the first gay marriage case filed in federal court, saying it is not the right venue to tackle legal questions raised by a couple already married in California. The motion, filed late Thursday, argued the case of Arthur Smelt and Christopher Hammer does not address the right of gay couples to marry but rather questions whether their marriage must be recognized nationwide by states that have not approved gay marriage. ‘This case does not call upon the Court to pass judgment … on the legal or moral right of same-sex couples, such as plaintiffs here, to be married,’ the motion states. ‘Plaintiffs are married, and their challenge to the federal Defense of Marriage Act (“DOMA”) poses a different set of questions.'”
What you’re seeing here is not (on its face) the federal government arguing against gay marriage — they just want to make sure it remains a state issue. And what they’re tacitly doing as well? Defending the Defense of Marriage Act, by asking the federal court to toss the case because DOMA, as it stands, should keep these matters limited to state courts.
Either this means Obama has an awesome plan to repeal DOMA through Congress (and doesn’t want the courts involved), or once again he’s using taxpayer dollars to infringe upon our rights.
UPDATE: Upon further review by the smart folks at Americablog, it’s clear Team Obama isn’t just hoping to keep DOMA alive, but they’ve taken the position that gays=incest, DOMA is good for the nation (and neutral, not anti-gay!), DOMA is a good fiscal policy, gays have less of a right to privacy, and — here’s the kicker — “DOMA, understood for what it actually does, infringes on no one’s rights, and in all events it infringes on no right that has been constitutionally protected as fundamental, so as to invite heightened scrutiny.”
This is the president we voted for?