DOJ Shirking Duty In Not Defending DOMA, Critics Say

The Obama administration’s decision not to defend the Defense of Marriage Act is a case of a politicized Justice Department picking and choosing which laws to defend, critics said Wednesday.

Nevertheless, White House spokesman Jay Carney said Wednesday, the administration “had no choice” but to drop its defense, separate from President Barack Obama’s opposition to the law.

Jordan Sekulow, attorney and director of policy for the American Center for Law and Justice, said the administration had a choice.

“This was political spin,” Sekulow told CNSNews.com. “This is existing federal law. It is getting tougher and tougher to defend in the current environment. But it is the law of the land. I am certain the administration will keep fighting the challenges to Obamacare. You don’t get to pick and choose which laws to defend.”

The federal Defense of Marriage Act, signed into law in 1996 by President Bill Clinton, defines marriage as between one man and one woman. It also prohibits one state from being required to recognize a “same-sex marriage” from another state.

Attorney General Eric Holder sent a letter to Congress Wednesday stating that the Obama administration would no longer defend the law.

Holder’s letter said the administration will continue to enforce the law until a court rules otherwise. However, critics argue that it is generally the Justice Department’s obligation to defend the laws enacted by Congress and the president regardless of an administration’s position.

Chris Gacek, senior fellow of regulatory policy at the Family Research Council, a conservative advocacy group, also said the Justice Department is neglecting its duty.

“Federal courts haven’t struck down the law yet,” Gacek told CNSNews.com. “As the Department of Justice, you should give the benefit of the doubt to statutes passed by Congress, not back out of defending them.”

He added, “The DOJ is becoming the Wisconsin Democrats. Does anybody in government want to do their work or just run away?”

Only a member of Congress would have standing to step forward to defend the law now that the Obama administration has opted out, Sekulow said. But the administration dropping the case this late puts Congress in a precarious spot.

“This puts members of Congress in an awkward position this late into the case to start defending the law,” Sekulow told CNSNews.com. “My guess is that this was decided long ago to make it more difficult for members of Congress to obtain counsel to defend it.”

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