Smith: DOJ Has a Responsibility to Defend DOMA
Washington, D.C. - House Judiciary Committee Chairman Lamar Smith (R-Texas) today criticized the Administration’s decision not to defend a federal marriage law enacted by Congress in 1996. The Defense of Marriage Act (DOMA) affirms the definition of marriage as the union between one man and one woman. It was passed with bipartisan support in Congress and signed into law by then-President Bill Clinton.
Chairman Smith: “The Justice Department has a responsibility to defend the laws passed by Congress regardless of the personal political views of the President or the Attorney General. The Obama Administration’s decision not to defend the Defense of Marriage Act is irresponsible. There is no rule that requires the Justice Department to apply a higher standard of proof in these cases. And yet, DOJ has decided to apply that standard as an excuse to avoid defending the law. In other words, the Administration built a wall so that it could complain that it’s too tall to climb.
“It is a transparent attempt to shirk the Department’s duty to defend the laws passed by Congress. This is the real politicization of the Justice Department - when the personal views of the President override the government’s duty to defend the law of the land.
“The vast majority of the American people believe that the preservation of marriage between a man and a woman is critical to society’s stability and in the best interest of American families. It is not the role of the courts to redefine that institution and impose it on American society. The people alone-through their elected representatives-have that role and responsibility. And the President and his Administration are duty bound to defend those laws in court.
“It’s disappointing that the Obama Administration continues to place politics above the will of the American people.”
To date, more than half the States in the U.S. have codified in their Constitutions the legal definition of marriage as the union of one man and one woman.