The Obama administration, which came to office promising to protect gay rights but so far has not done much, actually struck a blow for the other side last week. It submitted a disturbing brief in support of the Defense of Marriage Act, which is the law that protects the right of states to not recognize same-sex marriages and denies same-sex married couples federal benefits. The administration needs a new direction on gay rights. A gay couple married under California law is challenging the act in federal court. In its brief, the Justice Department argues that the couple lack legal standing to do so. It goes on to contend that even if they have standing, the case should be dismissed on the merits. The brief insists it is reasonable for states to favor heterosexual marriages because they are the ‘traditional and universally recognized form of marriage. In arguing that other states do not have to recognize same-sex marriages under the Constitution’s ‘full faith and credit clause, the Justice Department cites decades-old cases ruling that states do not have to recognize marriages between cousins or an uncle and a niece. These are comparisons that understandably rankle many gay people. […]

Read the Full Article