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DOMA Under Fire



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In the pages of National Review Online, Prof. Robby George (who, full disclosure, was founding chairman of NOM) provocatively asked whether, on the marriage question, President Obama was a bigot or a liar. The American people are increasingly concluding, on a broad array of issues, that the answer is “liar.”

President Obama’s sham defense of the Defense of Marriage Act is a good example of the gap between his words and his actions. Richard Epstein, in attacking Judge Tauro’s ruling, goes so far as to say that it “looks almost like collusive litigation, unless some true defender of DOMA is allowed, as an intervener, to defend the statute on the merits. As a supporter of gay marriage, I still think that the DOJ’s faint-hearted advocacy is no way to run a legal system. Nor is it wise for courts to use the Equal Protection Clause as a club against conventional morality, deeply felt.”

Epstein concludes: “We don’t need a judicial precedent that will spark a nation-wide rerun of California’s Proposition 8. We need courts to back off to democratic processes, imperfect as they are.”



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