When Obama sat in the Oval Office last week and signed a memorandum extending some benefits to spouses of same-sex couples, he said:
"Unfortunately, my administration is not authorized by existing
federal law to provide same-sex couples with the full range of benefits
enjoyed by heterosexual married couples. That's
why I stand by my long-standing commitment to work with Congress to
repeal the so-called Defense of Marriage Act. It's discriminatory, it interferes with states' rights, and it's time we overturned it."
Richard Gilbert, attorney for Arthur Smelt and Christopher Hammer, the plaintiffs in the challenge to DOMA which the Department of Justice moved to dismiss last week with an aggressive and disturbing brief that was the impetus for a boycott of an LGBT DNC fundraiser and the cause of consternation from gay groups, activists, and constituents, will argue that Obama's remarks in the Oval Office are at odds with the motion to dismiss. The hearing is August 3rd.
"In asking Judge David Carter to dismiss the suit and uphold the law,
the Justice Department was speaking for the Obama administration. Gilbert said he will bring Obama's remarks to Carter's attention and
ask the judge to tell the government to clarify its position. 'It appears to me that the president of the United States is making
it clear that the attorneys for the United States do not represent the
views of the administration,' Gilbert said. 'I think they have a duty to withdraw their motion. I think they have a duty to join my side of the case.' The Justice Department stuck to its position Monday that it will
urge courts to uphold existing laws, including laws the president
opposes."
