Justice Department Files Another DOMA Brief, Albeit in a Different Tone

The Justice Department sought to dismiss another DOMA challenge today, using a set of language completely different from its previous brief:

This administration does not support DOMA as a matter of policy, believes that it is discriminatory, and supports its repeal.

Consistent with the rule of law, however, the Department of Justice has long followed the practice of defending federal statutes as long as reasonable arguments can be made in support of their constitutionality, even if the Department disagrees with a particular statute as a policy matter, as it does here.

The White House also put out a statement saying:

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 This brief makes clear, however, that my Administration believes that the Act is discriminatory and should be repealed by Congress.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.

We should really feel warm and fuzzy about this, no? Well not really. All the nice words aside,the action they're taking is the same: They will defend DOMA until it's repealed by Congress.

But didn't the President say that he's "working with Congress to repeal DOMA"? To that I'd say I haven't seen any evidence that the President is really doing anything to push Congress on DOMA. We have seen how visible the President is in the health care reform debate, prodding lawmakers from both sides to reach a deal. He has done multiple townhalls to address that very issue.

So has he met with any senator or congressman and pushed them to pass a DOMA repeal bill? Absolutely no evidence of that. Instead, his staff at various occasions have made it clear the LGBT community should push congress, not the White House. In other words, If anything they are trying to stay out of it.

So my gut feeling is, when Rep. Nadler introduces the DOMA repeal bill, the President will say some real nice things about it, then kick the ball to Congress and wash his hands clean of bill. Don't expect him to be out there advocating for our cause.