The House of Obama is seeking to fix DOMA

The House of Obama is taking action by filing court papers against DOMA. However, they still have to defend it, because it's law.

It's not cute, but that's the reality.

Another no so cute piece is the DOJ are trying to throw out a suit brought by a gay California couple challenging DOMA. Why, you may ask? Well, again, it's the law.

Yet the same filing says the Justice Department will defend the statute in this case because a reasonable argument can be made that the law is constitutional.

"The administration believes the Defense of Marriage Act is discriminatory and should be repealed," said Justice Department spokeswoman Tracy Schmaler, because it prevents equal rights and benefits.

The department is obligated "to defend federal statutes when they are challenged in court. The Justice Department cannot pick and choose which federal laws it will defend based on any one administration's policy preferences," Schmaler added.

The law, often called DOMA, denies federal recognition of gay marriage and gives states the right to refuse to recognize same-sex marriages performed in other states.

"DOMA reflects a cautiously limited response to society's still-evolving understanding of the institution of marriage," according to the filing by Assistant Attorney General Tony West. The administration also disavowed past arguments made by conservatives that DOMA protects children by defining marriage as between a man and a woman. "The United States does not believe that DOMA is rationally related to any legitimate government interests in procreation and child-rearing and is therefore not relying upon any such interests to defend DOMA's constitutionality," lawyers argued in the filing.

So in all, it's not pretty. However, they are working to overturn it and hopefully they can do it soon, and do it right.

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