Chuck Donovan: Marriage Is Worth a Real Fight

The US DOJ appears to have gone soft on the rule of law for same-sex activists.
One of the most disturbing issues stemming from Judge Tauro’s legal destruction of the Federal DOMA a few weeks back has been the fact that the Federal government . . . helped!
That is to say that, when it came time for the Executive Department of the Federal Government to defend the laws of these United States, it didn’t. In fact, it appears that our government may have even conceded key points of legal dispute, points that later proved to advocate against DOMA, rather than in defense of it.
What’s more shocking, is that the person charged with defending the laws of the United States in court is now standing for a lifetime appointment to the Supreme Court of the United States.
My good friend, Chuck Donovan, explains more and offers solutions to members of Congress over at The Foundry, the Heritage Foundation’s blog, last week:
The collusion boils down to this: attorneys in the Obama Justice Department, who have sworn that they will “well and faithfully discharge the duties of the office” in which they serve, abandoned not one but all four of the bases for DOMA asserted by Congress. “Congress” in this instance was no small minority cobbled together at the last instant for legislation it scarcely debated, but a bipartisan majority that encompassed 85 percent of both houses of Congress, joined by a Democratic president who had access to comprehensive reports that amplified the many grounds for DOMA.
The Justice Department’s concessions were crucial to the outcome in the case. As Judge Joseph Tauro noted, he felt bound to address the detailed justifications Congress provided for DOMA only briefly, because, “For the purposes of this litigation, the government has disavowed Congress’s stated justifications for the statute[.]”
In short order, then, Tauro dispensed with four primary purposes for the law: “1 encouraging responsible procreation and child-bearing, 2 defending and nurturing the institution of traditional heterosexual marriage, 3 defending traditional notions of morality, and 4 preserving scarce resources.”
If anything, the explosion in out-of-wedlock child-bearing and out-of-control federal spending make these four justifications collectively stronger than they were in 1996 when Congress enacted DOMA with overwhelming margins.
Congress has an affirmative duty to put an end to the near-collusive litigation now on display in Judge Tauro’s courtroom. The rulings’ egregious character calls out for prompt appeal to the First Circuit Court of Appeals. But an appeal might bring only more of the same from an Administration led by a President who routinely offers his opinion that DOMA should be repealed but puts forth no effort to accomplish that result either.
via Cinderella Congress: Marriage Is Worth a Real Fight | The Foundry: Conservative Policy News..
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