On Feb. 23, Attorney General Eric Holder announced that President Obama and he had concluded that the Defense of Marriage Act’s definition of marriage was discriminatory and unconstitutional. Holder further announced that the Department of Justice would not defend the statute in two district courts, and he released a letter he had sent to congressional leaders informing them of this decision.
Then a funny thing happened. Within two hours — at the latest — attorneys challenging Proposition 8 in federal court in California filed a motion citing Holder’s letter and quoting from it. Proposition 8 is the California amendment that was passed by referendum in 2008 and states: “Only marriage between a man and a woman is valid or recognized in California.”
Proposition 8 was challenged in federal court and declared unconstitutional last year. The decision was quickly appealed, and the U.S. Court of Appeals for the Ninth Circuit placed a hold (stay) on the decision until the case could be fully adjudicated.
However, same-sex marriage proponents wanted the lower court ruling to go into effect now, so they filed the motion discussed above asking the 9th Circuit to remove its hold. There was nothing improper about that, but they lacked the good sense to wait a little while — like a day — to file their request.
Instead, they filed their document within an hour or two of Holder’s press conference. Quickly, it was all too apparent that someone in the Department of Justice communicated with those who favor same-sex marriage and provided them with the contents of the letter.
As an employee at the Family Research Council, an organization that has filed amicus briefs defending both Proposition 8 and DOMA, this troubles me. Even the appearance of cooperation between the Department of Justice and the same-sex marriage supporters is highly damaging to the perception that traditional marriage is being treated even-handedly by our government. Even if it may not be illegal or violate Justice Department rules such cooperation undermines the nation’s confidence in the most respected federal Cabinet department.
Since the days when Obama ran for president, he has been slippery regarding his support for same-sex marriage. He has told America that he opposes same-sex marriage, but he has been quick to point out that he did not support the traditional definitions of marriage found in Prop. 8 or the Defense of Marriage Act. Prop. 8 and DOMA contain simple definitions of traditional marriage. Oppose them, and you really must not support true marriage.
With that in mind, the FRC filed a Freedom of Information Act request with the Department of Justice. We asked it to produce any communications between same-sex “marriage” supporters or attorneys “regarding any same-sex marriage litigation or policy discussion” and DOJ staff.
I am not optimistic that the Obama administration will produce the documents we seek, but we want to know if our government has been working with opponents of traditional marriage, while the president has been telling us that he supports that ancient institution.
That has most likely been the case, as this incident revealed. As such it indicates that Mr. Obama has not been straightforward with the American people on this important issue.
Frankly, he should just come clean and admit what likely has been the truth all for many years: He strongly supports a re-definition of marriage in which members of the same sex will be permitted to wed.
Chris Gacek, J.D., Ph.D., is a senior fellow at the Family Research Council.
