House to Take Up Defense of DOMA

By Susan Brinkmann, OCDS
Staff Journalist

House Speaker John Boehner (R-OH) announced that the U.S. House is likely to take on the task of defending the Defense of Marriage Act (DOMA) now that the president has instructed the Justice Department to cease defending the law because he believes it to be unconstitutional.

The Hill is reporting that Boehner made the comments during an interview on Sunday with the Christian Broadcasting Network’s Brody File.

“I’m really disappointed in the President and the Department of Justice in the fact that they’re not going to defend a law that Congress passed overwhelmingly,” Boehner said. “It’s their responsibility to do that . . . .  (I)f the President won’t lead, if the President won’t defend DOMA then you’ll see the House of Representatives defend our actions in passing a bill that frankly passed overwhelmingly.”

When asked how the House would do this, the Speaker said there are many options on the table.

“We’ve been researching all the options that are available to us. We’ll be talking to the members in the next few days about that and I expect we’ll have a decision by the end of the week.”

In addition to the possibility of appointing counsel to represent the House and defend DOMA wherever it is being challenged in court, Boehner said they are also considering the passage of a new law or some other resolution that will result in strengthening the Defense of Marriage Act.

The Administration’s decision not to defend the law, which allow states and the federal government to refuse to recognize same-sex marriages and civil unions conducted in other states, angered many conservatives. They are accusing the president of pandering to gay and lesbian supporters ahead of the 2012 election.

Boehner wholeheartedly agrees. “It strikes me as something that’s just as raw politics as anything I’ve seen, knowing that a lot of people who believe in DOMA are probably not likely to vote for him and pandering to the other side on this issue,” Boehner said.
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