SmartRemarks

On June 12, even as the election in Iran was happening and sweeping everything else out of the news cycle (a subject on which much digital ink has been spilled, to which I have nothing to add except that it’s nice to see a population care enough about democracy to take to the streets over it; that Obama has been responding to the situation with admirable discretion; and that the conservatives criticizing him are idiots who understand nothing about public diplomacy and would probably still attack him if he released a statement celebrating motherhood and apple pie)… the Obama administration did something unfortunate that produced an incensed reaction from observers in the civil liberties and GLBT communities.

Namely, the Department of Justice submitted a legal motion [pdf] putting this administration on the record defending the 1996 Defense of Marriage Act, and arguing to dismiss Smelt v. United States, the first same-sex-marriage related case to reach the federal courts.

This isn’t about the merits of equal marriage per se (which Obama has long been on the record as opposing, unfortunately). It’s a challenge to the validity of DOMA, under which the federal government (and other states) are not obliged to recognize same-sex marriages that are legally constituted in states that allow them (as is the case with these plaintiffs)—never mind that pesky “full faith and credit” clause, among other Constitutional provisions. It is, in short, a law that formally enshrines discrimination.

It was a bad law when Bill Clinton signed it, and it’s a worse one today now that the situation it contemplates is not merely hypothetical. And it’s a law that candidate Obama loudly opposed.

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