Your move, Mr. President
Believe it or not, some days it’s not all that pleasant being the president of the United States. And President Barack Obama will come to rue this day before his term is up.
A federal judge in Boston ruled today that key portions of the Defense of Marriage Act is unconstitutional. The case was brought forward by the Massachusetts attorney general. It was a huge step in the right direction toward marriage equality. President Obama is on record as opposing DOMA. He has said that the law is discriminatory and should be repealed.
But here’s the problem: DOMA is law, and the Justice Department exists to fight on behalf of existing law in federal court. So, President Obama’s Department of Justice might be forced to argue a position that the president himself has described as “discriminatory.” Awkward.
Will our “fierce advocate” instruct his Justice Department to remain quiet on this, which would effectively end the enforcement of DOMA in Massachusetts? Or does he instruct the Justice Department to appeal the case to the U.S. Court of Appeals? The latter option might keep a “discriminatory” law on the books. Politically speaking, the president must decide between two bad options. Now might be a great time for President Obama to find his backbone.
