
(AP Photo/Damian Dovarganes)
As a presidential candidate, Barack Obama
claimed "we need to fully repeal the Defense of Marriage Act," which says states are not required to recognize other states' same-sex marriages.
That was then. This week, the Obama administration is facing the ire of gay rights groups after it filed a brief in California federal court defending the Defense of Marriage Act and calling it a "valid exercise of Congress' power" that is saving taxpayers money.
The
Defense of Marriage Act, or DOMA, was signed into law by President Clinton in 1996. It doesn't prohibit same-sex marriages; instead, it says that no state "shall be required" to honor same-sex marriages taking place elsewhere or any "right or claim arising from such relationship."
Two married California men, Arthur Smelt and Christopher Hammer, sued the federal government to overturn DOMA. They claim that it violates their constitutionally-protected rights to travel, their rights to free speech, and their due process rights.
The U.S. Justice Department's
brief doesn't address the morality of same-sex marriage. Instead, it makes the narrower legal argument that DOMA "merely permits each state to follow its own policy with respect to marriage" and the law "does not restrict any rights that have been recognized as fundamental." It also says that it saves money by not paying out marriage benefits under federal law, a move that "preserves scarce government resources."
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