Archive for August 17th, 2010

Sign The Petition: Defense Of Marriage Act Needs An Appropriate Defense By The Obama Justice Department

Even as the fallout from the Prop 8 ruling is still getting sorted, another legal proceeding dealing with a major marriage protection law is ongoing. But barely. Whereas the defenders of California’s Marriage Amendment filed a prompt appeal and yesterday won a stay on San Francisco Federal District Judge Vaughn Walker’s deplorable decision at least until the end of the year (San Francisco Chronicle), the Obama Justice Department’s weak and meek defense of the federal Defense of Marriage Act appears to have “thrown the match” and it says it is not certain whether it will appeal a recent Massachusetts Federal District Court’s decision that ruled DOMA unconstitutional. As Chuck Donovan writes at The Heritage Foundation’s The Foundry blog:

Echoing some of the most notorious boxing matches in the history of the ring, the Obama-Kagan Justice Department engaged in what even one supporter of same-sex marriage, the distinguished constitutional law scholar Richard Epstein, labeled “almost like collusive litigation,” where the adversaries in a case are secretly on the same side.

The collusion boils down to this: attorneys in the Obama Justice Department, who have sworn that they will “well and faithfully discharge the duties of the office” in which they serve, abandoned not one but all four of the bases for DOMA asserted by Congress. “Congress” in this instance was no small minority cobbled together at the last instant for legislation it scarcely debated, but a bipartisan majority that encompassed 85 percent of both houses of Congress, joined by a Democratic president (Bill Clinton) who had access to comprehensive reports that amplified the many grounds for DOMA.

The Justice Department’s concessions were crucial to the outcome in the case. As Judge Joseph Tauro noted, he felt bound to address the detailed justifications Congress provided for DOMA only briefly, because, “For the purposes of this litigation, the government has disavowed Congress’s stated justifications for the statute[.]“

As Family Research Council President Tony Perkins (see FRC Blog) wrote yesterday: 

The Defense of Marriage Act merely defines marriage — for federal purposes — as being between one man and one woman, and protects states from having to change their state definitions. Not surprisingly, a liberal court in Massachusetts — after a weak defense from the Obama Justice Department — ruled DOMA unconstitutional. Amazingly, the federal government appears to be dragging its feet as they contemplate whether or not to EVEN APPEAL the decision! If the Department of Justice does not appeal, it is unlikely outside defenders of marriage will even be allowed to defend marriage in court.

The Department of Justice is supposed to vigorously defend statutes passed by Congress, not to roll over to appease President Obama’s political base.

So, FRC Action has started a nationwide petition to hold the Justice Department accountable and to do its job — appeal and aggressively defend the law of the land. Please take time to sign the petition (click here to sign) and send a clear message to the Obama administration. He has said he believes marriage is between one man and one woman (ABCNews.com). It’s time he proves it with a vigorous defense of federal law he is sworn to uphold.

17

08 2010

It Had To Be Said

The Far Left and its mainstream media echo chamber have had a ball this summer with a constant and intentional caricature of the conservative candidates who have defeated moderate Republicans in GOP primaries (see Alexander Burns at Politico.com). It’s about time someone stepped forward to fire back a volley of truth. Someone has. Earlier this week, U.S. Senator Jim Demint (R-S.C.) wrote in an e-mail to supporters of the Senate Conservatives Fund, that:

The mainstream media and the elites in Washington say our candidates aren’t as electable as unprincipled moderates. They have tried to marginalize them by calling their support for the constitution “extreme” and constantly portraying them as different from the usual politician. Well, compared to the political class in Washington, they are different . . . and that’s exactly what this country needs!

Americans believe what’s truly “extreme” is a $13 trillion debt, reckless spending, and a lack of commitment to the Constitution. And voters are enthusiastically supporting these conservative candidates because they are authentic leaders with the common sense and faith in our founding principles that is lacking in Washington.

I am just as confident our candidates can win in November as I was that they could win their primaries. Conservative principles transcend political labels and they’re attractive to a majority of Americans. It’s not about right vs. left, it’s about up vs. down and about surviving as a nation vs. losing our greatness.

We can win these races and we can take America back if we’re willing to do the hard work that’s required.

It had to be said. The actions of the Far Left are increasingly appalling. To distract the public from their own actions and policies that are making America another Greece, they belittle people and demonize them as extremists simply for adhering to constitutional principles. Since when is standing for the constitution “extreme,” while violating it — forcing people to buy a product, mandating a certain technology in your home, and spending trillions of dollars in areas not mentioned by the constitution — not extreme? Senator Demint is right: limited government and liberty are universal appeals that no amount of left-wing social engineering and demagoguery of can obfuscate. 

Of course, talk is easy, but Senator Demint is backing it up. He started the Senate Conservatives Fund to back bona fide conservatives, not those bandwagon jumpers who campaign as conservatives because of the prevailing political winds, but then go to Washington and vote with liberals on many issues. These are men and women with proven track records (see list) who get hammered by the establishment of both parties, the special interests, left-wing radicals and the mainstream media in their states. They also have something else in common: They win elections.

It reminds me of a certain former Virginia senator who repeatedly won his Northern Virginia district while trumpeting conservative principles, yet was supposedly was “too conservative” to win statewide. Now he’s our attorney general and single handedly taking on the progressive agenda of the President of the United States.