DOJ Defends DOMA Again But Calls For Its Repeal

The Department of Justice is again defending the Defense of Marriage Act in federal court with a brief filed today but this time in a way that will not get LGBT activists' knickers in a twist.

This time the President of the Unite States issued a statement on the DOJ brief being filed in Smelt vs United States:

THE WHITE HOUSE
Office of Media Affairs
_________________________________________________
For Immediate Release August 17, 2009

Statement by the President on the Smelt v. United States Brief

Today, the Department of Justice has filed a response to a legal challenge to the Defense of Marriage Act, as it traditionally does when acts of Congress are challenged. This brief makes clear, however, that my Administration believes that the Act is discriminatory and should be repealed by Congress. I have long held that DOMA prevents LGBT couples from being granted equal rights and benefits. 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.

Chris Geidner of LawDork has some excellent analysis of the new brief in this case, but notes (like MadProfessah has previously) that the most important case in all these skirmishes over DOMA is Gill vs. Office of Personnel Management, the federal lawsuit against Section 3 of DOMA filed by Gay and Lesbian Advocates and Defenders from Massachusetts.

What the Obama Administration does in Gill will be very very important as to whether DOMA survives the Obama Administration.