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Watch: John Boehner Suggests House Will Defend Constitutionality of Defense of Marriage Act (DOMA)


In an interview with the Christian Broadcast Network's The Brody File, House Speaker John Boehner was asked about Obama's recent announcement that the Department of Justice would not be defending DOMA in court because he considers the law unconstitutional.

Says Boehner: "We’ve been researching all the options that are available to us. We’ll be talking to the members here in the next few days about that and I expect that we’ll have a decision by the end of the week…

Boehner adds that arguing DOMA in federal court "is an option that's being consdered," adding, "I’d be very surprised if the House didn’t decide that they were going to defend the law."


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  1. Let them. It will be even sweeter when they are smacked down by the courts and publicly rebuked for being the bigots that they are.

    Posted by: MT | Feb 28, 2011 12:17:53 PM

  2. "How frustrated are you with this President"?" Translation: "How soon are you going to lynch him?"

    Posted by: David Ehrenstein | Feb 28, 2011 12:19:21 PM

  3. The Oompa-Loompas called, they want their skin tone back.

    Oh, and if you do defend DOMA, you'll only be making more of a fool of yourself when you lose with pathetic arguments.

    Posted by: ravewulf | Feb 28, 2011 12:19:31 PM

  4. A big opportunity for all those bigots who complain about government wasting time on allowing gay marriage when the economy's more important to turn around and make exactly the same complaint about the Republicans. Or am I expecting too much?

    Posted by: Mike | Feb 28, 2011 12:21:28 PM

  5. where are those jobs repubs promised?

    Posted by: | Feb 28, 2011 12:30:37 PM

  6. He looks like Elmo.

    Posted by: The Milkman | Feb 28, 2011 12:45:52 PM

  7. Well, I'm not surprised. First, it is a whole lot easier to defend DOMA than it is to create jobs or fix the economy. Second, defending DOMA will require a lot less time away from the cocktail lounges and golf courses than actually doing something productive legislatively. Third, it panders to the GOP base and deflects from the GOP's inability to create jobs or fix the economy.

    Posted by: Bob R | Feb 28, 2011 1:02:36 PM

  8. I'd love a post by Ari about the exact legal process by which Congress is allowed intervene in these cases. It would appear to me that Congress would lack constitutional standing here; they, as Congress, seem to have no concrete and particularized injury in fact.

    Posted by: Mike8787 | Feb 28, 2011 1:08:23 PM

  9. I agree with Mike8787 -- as they're the legislative branch of government, designed to act independently of and separately from the judicial branch, I'm not sure they have any ability to act on this.

    Posted by: toddo | Feb 28, 2011 1:21:26 PM

  10. Yes, by all means (without using reduced federal budget funding, of course), please try to defend this homophobic law in federal court. And, oh, by the way, except for perhaps creating some additional work for Congressional staff and lawyers, how would this defense create more of those jobs we've been promised by you majority House GOPers???

    Posted by: Rob | Feb 28, 2011 1:37:55 PM

  11. Boner erh, Bohner, is playing right into Obama's hands...this is exactly what Obama wants, the House and all their "jobs, jobs, jobs," wasting time on this, steaming coming out their cartoon ears as they huff and puff and stomp around. Because come election time and the massive private sector job creation hasn't happen and they've been wasting time on those terrible gays, Republicans will see the tides shift back and they will find a huge swath of them with their heads on the chopping block again.

    Nicely played, President Obama, you've got your head back in the game of politics. The only way this could play out is the Republicans ignore it which would piss off their evangelical base or fall on their own swords trying to do something about it and in the process take their eye off the ball (like the Democrats did.)

    How dumb can the Republicans be...we are witnessing it.

    Posted by: BartB | Feb 28, 2011 1:47:53 PM

  12. This should be amusing.

    Posted by: plaintom | Feb 28, 2011 2:53:57 PM

  13. @BartB

    I highly doubt Obama planned it like that, besides the Republicans were already doing an excellent job of killing their own chances before that (especially in Wisconsin)

    Posted by: ravewulf | Feb 28, 2011 3:40:43 PM

  14. The only thing the House is "researching" is trying to find a federal circuit where they get a trial without TV coverage.

    Posted by: BobN | Feb 28, 2011 3:46:15 PM

  15. Wow, why don't they just stop and think. They know it's un-defendable in today's courts. They know the law is flimsy, Can't and Won't are the same here.

    Posted by: Fenrox | Feb 28, 2011 4:09:33 PM

  16. DOMA is literally as anti-American of a law as a law can get. And I'm not talking a fear mongering anti-American law, but one that if upheld basically nullifies our basis of being a country. The Declaration of Independence guarantee "Life, liberty, and the pursuit of happiness" to EVERYONE in the country. You take away those rights without due process, you forfeit our right to our country back to England. Without the Declaration of Independence, we are not a country.

    Posted by: Garst | Feb 28, 2011 4:58:00 PM

  17. why does your website have "like scott walker" and other right wing ads on the site all the time? can't these be weeded out? Isn't Newsmax a wingnut pub?

    Posted by: don pickens | Mar 1, 2011 2:25:31 AM

  18. Did we send you to D.C. to spend our tax dollars on this nonsense? The answer is---hell no. Look Speaker---if you have a problem with some guy marrying another then my advise is ---don't marry a guy yourself. Otherwise, keep your sticky hands off of my money and your fat government nose out of people's business.

    Posted by: Wayne Renardson | Apr 21, 2011 8:09:48 AM

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