Posted Monday, March 7, 2011, at 12:05 PM
Earlier today, the American Conservative Union put out a statement praising Speaker of the House John Boehner for putting together an advisory group to build a legal case defending the Defense of Marriage Act. Said ACU chairman Al Cardenas.
I urge the Legal Advisory Group to act quickly to allow the Congress to defend the law it has passed since President Obama and his Attorney General refuse to do so. With major cases on this law pending before the federal courts, it is essential that a federal presence be reestablished.
I asked Chris Barron, chairman of the gay Republican group GOProud, what their response was to this, and whether it would stop GOProud participating in CPAC next year.
First, we believe the President takes an oath pledging to uphold and protect the Constitution. If a President believes a law is unconstitutional then he not only has a right, but an obligation to instruct his DOJ not to defend it. We certainly hope that after November 2012 a Republican President will instruct his DOJ not to defend portions of Obamacare, like the individual mandate, that are clearly unconstitutional.
Second, Speaker Boehner was and is absolutely right to question the timing of this and to remind the President that our focus should be on the fiscal crisis we face, not on divisive social issues
Finally, considering Congress passed DOMA its entirely appropriate for Boehner and the House to step in and defend the law as Constitutional. We disagree about the need for DOMA but we certainly understand and respect the role each branch of the government plays.
So: Concord, for now.