Today the Department of Justice announced that they will no longer defend the “Defense of Marriage Act“, which defined a marriage as a union between one man and one woman.
“The President believes that DOMA is unconstitutional. They are no longer going to be defending the cases in the 1st and 2nd circuits,” a person briefed on the decision said.
“Typically, when a law is challenged, the government has a duty to defend the law, and typically they do so with the most vigorous possible defense,” said Jim Campbell, attorney with the conservative Alliance Defense Fund. “In this case, we’ve seen executive branch officials refuse to do so.”
“There needs to be a defense, because otherwise you don’t have separation of powers — you have one branch being able to trump the other. And that’s wrong,” said Brian Brown.
This decision raises many questions about Obama’s willingness to opt out of the duties of the executive branch in order to advance his agenda. This certainly isn’t the way our government is supposed to operate. Obama continues to play by his own rules, ignoring court orders and other checks and balances in place to prevent one branch from gaining too much power.