This law has been defended by the DOJ for the last 15 years, and rightfully so because it is the LAW of the land. And yet, now we have a President who seems to think that the law of the land is no longer worthy of a defense by the DOJ. While this is hard to believe, I found that the President's actions are not unprecedented. There have been a few cases when the DOJ has declined to defend statutes.
Those rare cases can be broken down into three categories. The first category include cases in which intervening Supreme Court decisions have rendered the defense of the statute untenable. Clearly this first category does not apply in this case of the DOMA. The second category involves statutes that in the DOJ's view infringe the constitutional powers of the President himself. Again, that does not apply in this case of the DOMA.
The third and smallest category involves statutes that the President has publicly condemned as unconstitutional. This third category actually does apply in this case because the President just recently said that he believes Section 3 of the DOMA is unconstitutional. But even with that being said, that is only his opinion, and the last time I checked his opinion is not the law.
Think about this: Each president recites the following oath, in accordance with Article II, Section I of the U.S. Constitution:
"I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."In other words, it is the President's job to "defend the Constitution of the United States." While I understand that the DOMA is not the Constitution, clearly the legislative branch of our government has determined the DOMA to be a law that is constitutional. For this President to instruct the DOJ not to defend a law that has been deemed constitutional by both houses of Congress and a U.S. President is both irresponsible and incomprehensible.
Much of the info I gathered for this post came from a Georgetown Law Professor named Nan Hunter. You can access her thoughts here. She is by no means a "conservative" thinker. And yet, she came to this conclusion in 2009: "While it is not impossible for the DOJ to refuse to defend the DOMA, it would be an extraordinary act for them to do so" (emphasis mine). Ms. Hunter, I couldn't agree with you more.
I hope all this grieves your heart just as much as it has mine. More importantly, I hope this is yet another wake-up call to remind us to pray for our President and governing officials. In this case, not only are they governing in a way that is irresponsible, but they're leading in a way that is unbiblical. We know what God did in places like Sodom and Gomorrah, and Judah, and Rome when the powers that be decided to endorse the homosexual lifestyle - one that God consistently calls an abomination.
How can we hope to avoid the same fate they experienced if we open wide the door to homosexual marriage? Clearly we won't, nor should we. If God judged homosexuality back then, He will continue to do so today. Let us pray that our leaders will learn a lesson from history (and the Scripture) and that they will change course immediately. Revival is the only hope left for our land. I'm praying that it will begin at the house of God and that it will touch both the houses of Congress and even the White House.