I wrote a "Dear President" letter, here, and I need to update it from additional information. I read that the Department of Justice (DOJ) is obligated to defend all lawsuits against the government, no matter how much they think the lawsuit is right and the law wrong. It's the law and their agency responsibility. And I ragged on the President about doing this.
And I later learned what the DOJ did to defend the law which, while still making me question the President's real view on this issue, makes it more acceptable. I learned the DOJ only challenged the law on some absurb aspect of the law which any good judge will throw out and allow the lawsuit to continue. I also learned, however, that the LGBT community, specifically the gay (men) community, want the judge to throw the lawsuit out.
It seems the challenge itself doesn't really challenge DOMA but the application of it to the couple in California where the application of DOMA doesn't apply to their case. In their view, it's a bad case to challenge DOMA. So while the President and the Attorney General are trying to put a good face and spin on a no win situation for them, the other side is hoping the case loses.
Kinda' reverse logic at work. So why not drop the lawsuit and find a better case? Or better yet, the President do what he promised, ask Congress to repeal DOMA? But that we know he won't because Congress won't, not with 2010 elections a year away and many of them up for re-election and facing the voters over marriage issues.
But still Congress should repleal DOMA. It's a dumb, politically minded and intented law, and has no value for real human rights.
Friday, September 4, 2009
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