Abdication or usurpation: Make your own judgment

Either Barack Obama has abdicated his responsibility as president or usurped the authority of the Supreme Court. You can make your own call on that. Either way, today's announcement concerning the Defense of Marriage Act (DOMA) coupled with last week's elimination of conscience protections for healthcare workers who refuse to perform abortions, it is now extremely difficult, if not impossible, to believe the current occupant of the White House has even the slimmest slither of respect for decency of the value of human life.

President Obama believes that the Defense of Marriage Act is unconstitutional and will no longer defend the 15-year-old law in federal court, the Justice Department announced today. 

The decision, which stunned and delighted gay-rights activists, means that the administration will withdraw its defense of ongoing suits in two federal Appeals Courts and will leave it to Congress to defend the law, known as DOMA, against those challenges. It will remain a party to the lawsuits. The law itself remains in effect.

DOMA, signed by President Clinton in 1996, allows states not to recognize same-sex marriages preformed in other states and provides a federal definition for “marriage” that excludes same-sex couples.

In a statement, Attorney General Eric Holder said, “After careful consideration, including a review of my recommendation, the president has concluded that, given a number of factors, including a documented history of discrimination, classifications based on sexual orientation should be subject to a more heightened standard of scrutiny.”

He said that Obama also concluded that Section 3 of DOMA, which defines “spouse” as a member of the opposite sex, “fails to meet that standard and is therefore unconstitutional. Given that conclusion, the president has instructed the department not to defend the statute in such cases. I fully concur with the president’s determination.”

Holder notified Congress of the president’s decision. Members can decide whether to pursue their own challenges.

Ironically, the administration's abdication of its responsibility to defend DOMA in court may improve the law's chances of passing constitutional muster. Better to have a passionate defense from individuals committed to the sanctity of marriage than a half-hearted, pro forma argument from a weak and ineffectual Justice Department hack.