By Susan Brinkmann, OCDS
Staff Journalist
House Speaker John Boehner (R-OH) announced on Friday that the U.S. House will appoint attorneys to defend the Defense of Marriage Act (DOMA) after President Barack Obama decided it was unconstitutional and instructed the Justice Department to stop defending it.
“I will convene a meeting of the Bipartisan Legal Advisory Group for the purpose of initiating action by the House to defend this law of the United States, which was enacted by a bipartisan vote in Congress and signed by President Bill Clinton,” Boehner said in a statement.
“It is regrettable that the Obama Administration has opened this divisive issue at a time when Americans want their leaders to focus on jobs and the challenges facing our economy. The constitutionality of this law should be determined by the courts — not by the president unilaterally — and this action by the House will ensure the matter is addressed in a manner consistent with our Constitution.”
The Bipartisan Legal Advisory Group is a five-member panel consisting of the the leaders of the House from both parties, with the Republicans holding three seats and the Democrats two seats. This group has the authority to instruct the non-partisan office of the House General Counsel to take legal action on behalf of the House.
Boehner’s announcement was cheered by conservative groups throughout the country. The Family Research Council’s president Tony Perkins thanked the House for stepping in.
“We commend Speaker Boehner and Majority Leader Eric Cantor for intervening to defend DOMA,” Perkins said.
“Marriage as the union of one man and one woman has been easily defended in court and overwhelmingly supported by the American people. President Obama’s failure to defend DOMA places 29 state marriage amendments in jeopardy as well as the other 12 states with statutes defining marriage as the union of a man and a woman. We are optimistic that DOMA will now receive a vigorous legal defense. Until now, this statute, passed by overwhelming majorities in the House and Senate and signed into law by President Clinton, has only received an anemic defense by the Obama Justice Department. That falls far short of the vigorous and intelligent effort that the federal definition of marriage and American families deserve.
“We thank Speaker Boehner for working to protect the rule of law and the institution of marriage. The Speaker is sending a bold message that Congress will not stand idly while the President picks and chooses which laws will be nullified by Executive Branch surrender to antagonistic litigants.”
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