THE VOICE OF CHICAGO'S GAY, LESBIAN, BI, TRANS AND QUEER COMMUNITY SINCE 1985

The brief was filed in Smelt v. U.S., a controversial federal lawsuit seeking to strike down the Defense of Marriage Act. In an earlier brief, filed in June, the Department of Justice asserted that DOMA addresses a legitimate need for the federal government to adopt "a cautious policy of federal neutrality towards a new form of marriage." It asked the courts to uphold DOMA in order to protect the federal government's "scarce resources" and its ability "to respond to new social phenomena one step at a time, and to adjust national policy incrementally." And it stated, emphatically, "DOMA does not discriminate against homosexuals in the provision of federal benefits."

In the August 17 brief, DOJ still suggests there may be "reasonable arguments" to uphold its constitutionality; however, the brief concentrates instead on defending the law by attacking the plaintiffs' lawsuit on procedural grounds.

The White House also issued this statement today from President Obama: "I have long held that DOMA prevents LGBT couples from being granted equal rights and benefits. While we work with Congress to repeal DOMA, my Administration will continue to examine and implement measures that will help extend rights and benefits to LGBT couples under existing law.

Evan Wolfson, head of the national Freedom to Marry group, said he has not yet read the entire brief but said he was heartened "to see the administration getting its legal position more in line with its policy position —that the so-called Defense of Marriage Act is deeply discriminatory and needs to go."

"I hope we'll also see the White House work with leaders in Congress to repeal DOMA as soon as possible," said Wolfson. "But this brief is definitely a vast improvement over the last one."

"They're still defending the law," added Wolfson, "but they've repositioned themselves in much better way."

© 2009 Keen News Service