U.S. District Judge Joseph Tauro ruled that the 1996 Defense of Marriage Act, or DOMA, which barred gay marriages, was in violation of the U.S. Constitution's 10th Amendment, which protects states' rights, and the clause granting equal protection under the law.
Gay activists hailed the ruling as a big win, which is was for them.
Today, Reuters reports that the Obama administration is appealing that decision.:
The Obama administration decided on Tuesday to appeal a judge's rulings that prevented the U.S. government from banning same-sex marriages, a move that could undermine support among President Barack Obama's traditional liberal base ahead of a key election.
The Obama administration filed a notice of appeal with the U.S. District Court for the District of Massachusetts in support of the 1996 Defense of Marriage Act, or DOMA, that barred gay marriages, even though Obama had previously opposed the law.
Although Obama opposes the law, a Justice Department spokeswoman said that the administration was defending the statute because it was obligated to defend federal laws when challenged in court.
Convoluted thinking on Obama's part and definitely not the way to "motivate the base" that is already lagging in enthusiasm.
"As a policy matter, the President has made clear that he believes DOMA is discriminatory and should be repealed," said Justice Department spokeswoman Tracy Schmaler. "The Justice Department is defending the statute, as it traditionally does when acts of Congress are challenged."
So, Obama is against the law, but is determined that Congress be the ones to change it and will fight the courts to make sure they don't step on congressional toes.
Oh yeah, this is going to go over well.
Not.
No way.
.