Politico Highlights Equality Matters, Human Rights Campaign Criticism Of Justice Department DOMA Brief

As Politico highlighted, Equality Matters and the Human Rights Campaign have spoken out against a Justice Department brief defending the Defense Of Marriage Act (DOMA):

Gay groups criticize Justice Department brief

President Obama seemed to have mended his difficult relationship with the gay rights movement by getting the repeal of “don't ask, don't tell” done, but this evening brings another flare-up.

Gay groups are furious with a Justice Department brief defending -- though in quite narrow terms -- the Defense of Marriage Act, which candidate Obama, unlike even his Democratic rivals, had pledged to repeal in full.

“DOMA is supported by rationales that constitute a sufficient rational basis for the law. For example, as explained below, it is supported by an interest in maintaining the status quo and uniformity on the federal level and preserving room for the development of policy in the states,” says the government's brief (.pdf) in two cases in the U.S. Court of Appeals for the 1st Circuit. The brief focuses solely on the virtues of keeping the federal law while states experiment, and not the underlying question of marriage.

The half-heartedness of that defense didn't offer much solace to activists who -- despite the Justice Department's traditional role defending federal laws -- are demanding that Obama return to the full support for same-sex marriage that he advocated in the 1990s.

“There are some improvements in tone in the brief, but the bottom line is the government continues to oppose full equality for its gay citizens,” said Equality Matters chief Richard Socarides in an e-mail. “And that is unacceptable.”

“The administration claims that it has a duty to defend the laws that are on the books. We simply do not agree. At the very least, the Justice Department can and should acknowledge that the law is unconstitutional,” Human Rights Campaign President Joe Solmonese said in an e-mail to the group's members, signaling that even the relatively conciliatory group will take a more confrontational tone on marriage. “All families deserve the recognition and respect of their government. It's time for President Obama to state his support for full, equal marriage. And we want your help in telling him that it's time.”