http://www.scotusblog.com/2010/10/gay-ban-newly-defended/
So, I generally don’t believe that the Obama Administration lies to the American people, but this makes me wonder. On at least two gay rights issues–Don’t Ask Don’t Tell and the Defense of Marriage Act–the Administration has said that it supports gay rights, but it still has to support homophobic and unconstitutional laws in court. But at least some folks who should know seem so say the President is fudging.
So what’s the answer? Anybody who has any information, please drop a comment. Does the President have to defend every law, be it ever so unconstitutional? Or could he back up his professed support for gay rights with (in)action?
I am completely in agreement with you that it is troubling that the administration is defending a law that any number of administration officials, including the President himself, are on record opposing. I think the “requirement” to defend these laws is more of a professional standard than a legal requirement. If we allowed the DOJ to have full discretion in what cases they chose to appeal and what laws they chose to defend, it would invite the executive and judicial branches to completely usurp the power of Congress if the administration could simply choose to accept the judicial rejection of any law it opposed politically. If you believe that Democratic administrations are more likely to support civil rights generally, then in a world where 2/3 of Federal judges were appointed by Republican presidents and Republicans in the Senate continue to block Democratic judicial nominees, you should only hope that a future Republican administration will return the professional courtesy of defending laws that protect the civil rights of American citizens.
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