This morning at 10 a.m., I will testify before the Constitution Subcommittee of the House of Representatives’ Judiciary Committee at a hearing titled “Defending Marriage.” The written testimony I’ve submitted is available here. Here’s a summary of sorts from my introduction:
[T]he Obama administration’s decision to abandon defense of DOMA reflects a sharp departure from the Department of Justice’s longstanding practice of defending congressional enactments. The Obama administration’s own explanation of that decision cannot be taken seriously. Rather, as its broader sabotage of DOMA litigation makes clear, the Obama administration has subordinated its legal duty to its desire to please a favored and powerful political constituency, and it is eager to obscure from the public its stealth campaign to induce the courts to invent a constitutional right to same-sex marriage. As a matter of principle, all House members, whether or not they support DOMA, should vigorously support the House of Representatives’ efforts to defend DOMA in court.