Legal News

Obama administration defends, and objects to, DOMA in Orange County case

By Richard Binder

Yesterday the Obama administration made its objection to the Defense of Marriage Act abundantly clear -- even as the Justice Department finds itself defending DOMA in an case brought by an Orange County gay couple.

Assistant Attorney General Tony West found himself in the unenviable position of having to put forward two arguments in Smelt v. United States before the U.S. District Court for the Southern District of California.  West said that the present administration believes DOMA is discriminatory and should be repealed, but the DOJ will defend the act "as long as reasonable arguments can be made in support of [its] constitutionality, even if the Department disagrees with a particular statute as a policy matter."

To that end, West called for the case to be dismissed because the couple in question, Arthur Smelt and Christopher Hammer, haven't shown that they have been adversely affected by the federal law.

The Los Angeles Times reported yesterday that in a possible effort to head off criticism of the Justice Department stance, President Obama issued a statement in which he insisted his administration is committed to the repeal of DOMA.  "While we work with Congress to repeal DOMA, my administration will continue to examine and implement measures that will help extend rights and benefits to LGBT couples under existing law," the statement read.

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Full post as published by Legal Pad | LA on August 18, 2009 (boomark / email).